Remember when Supreme Court deliberations were actually, you know, supreme and private? Those days seem like ancient history now that America’s highest court has transformed into Washington’s leakiest vessel. What was once the most dignified institution in our government now resembles a reality TV show where someone always has to spill the tea.

The past few years have seen an unprecedented flood of confidential court documents making their way to the front pages of major newspapers. Most notably, somebody (we still don’t know who) leaked the entire draft opinion of the Dobbs decision in 2022, effectively turning the Supreme Court into a political piñata for months.

More recently, in late 2024, private memos and court documents specifically targeting Chief Justice John Roberts mysteriously appeared in The New York Times. Funny how these leaks always seem to target conservative justices, isn’t it?

Third time’s the charm for a group of Republican Senators who are saying “enough is enough.” Sens. Bill Cassidy (R-LA), Marsha Blackburn (R-TN), and Cindy Hyde-Smith (R-MS) have reintroduced the “Stop Supreme Court Leakers Act,” which aims to make leaking confidential Supreme Court information a federal crime with serious teeth.

From ‘Daily Caller’:
The legislation would require individuals convicted of leaking information from the Supreme Court to pay a $10,000 fine and serve a maximum of 10 years in prison, according to the text of the bill, as obtained by the Daily Caller News Foundation. The bill also calls for seizing any profits that leakers may earn from disclosing sensitive information.

When Loose Lips Sink Judicial Ships

The impact of these leaks goes far beyond just spilling secrets. When the Dobbs draft opinion hit the press in May 2022, protesters showed up at the homes of conservative justices – a clear attempt to intimidate the court into changing its decision. The Marshal of the Supreme Court launched an investigation but somehow couldn’t figure out who was responsible despite the pool of potential leakers being relatively small. It’s like playing Clue, but nobody wants to check the envelope.

Court observers have suggested that a member of the court’s liberal wing was likely behind the recent leak targeting Chief Justice Roberts. The pattern here isn’t exactly subtle – these leaks appear strategically timed to undermine conservative justices and pressure them into changing their positions. It’s judicial blackmail, plain and simple.

What’s truly remarkable is that until now, there hasn’t been a specific criminal statute against such behavior. Apparently, we just assumed people would respect the institution enough not to turn it into a gossip column.

Finally Bringing the Hammer Down

The Stop Supreme Court Leakers Act aims to change this accountability gap by creating real consequences for those who betray the court’s confidentiality.

“Supreme Court leaks should be a criminal offense. Leakers threaten the safety of justices, damage the Court’s reputation and put lives at risk,” Senator Cassidy told the Daily Caller News Foundation. “They must be held accountable, not celebrated.”

Senator Blackburn echoed these sentiments, noting that the legislation “would ensure that the Court’s work remains free from unwanted outside interference by cracking down on those who leak confidential information.”

This isn’t the bill’s first rodeo. Senator Cassidy previously introduced it in June 2022 after the Dobbs leak, but it failed to advance in the then-Democrat-controlled Senate. Now, with President Trump back in office and Republicans holding more power in Congress, the bill has a fighting chance to become law.

Why This Matters to Every American

If you’re thinking this is just inside baseball for legal nerds, think again. The Supreme Court is designed to be insulated from public pressure for a reason – so justices can make decisions based on the Constitution rather than public opinion polls or Twitter mobs.

When deliberations are leaked, it creates a pressure campaign that undermines the entire judicial process. It’s like trying to play chess while someone broadcasts your strategy to your opponent. These leaks aren’t accidents – they’re calculated political weapons aimed at undermining an institution that has served as a bulwark against government overreach for centuries.

The Founding Fathers created a judiciary that was deliberately removed from the daily political fray. By establishing consequences for those who would turn the court into just another political battlefield, this bill helps restore the institutional integrity that makes our system of government work.

As Hyde-Smith put it, these unprecedented leaks “only undermine public trust and the Supreme Court as an institution.” And in a time when trust in government institutions is already at historic lows, that’s the last thing America needs.

Key Takeaways:

• GOP Senators’ proposed legislation would impose $10,000 fines and up to 10 years in prison for Supreme Court leakers.
• Recent high-profile leaks targeting conservative justices have undermined the Court’s independence with no accountability.
• The bill would seize profits from leakers, ensuring they can’t monetize their breach of the Court’s confidentiality.

Sources: Daily Caller