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Update on Dobbs Leak Investigation Expected by Month’s End, Kagan Says

Elena Kagan, Associate Justice of the Supreme Court, speaks during Princeton University’s “She Roars: Celebrating Women at Princeton” conference in Princeton, N.J., October 5, 2018. (Dominick Reuter/Reuters)

Supreme Court Justice Elena Kagan said she expects justices will receive an update on the investigation into the leak of the Dobbs v. Jackson Women’s Health Organization draft opinion by the end of the month.

Kagan said during an appearance at the Temple Emanu-El’s Streicker Center in New York on Tuesday that she expects an update soon, adding: “I don’t know anything. I suspect my colleagues don’t know anything, except for the chief justice maybe, about what the investigation has turned up, if anything.”

Kagan called the leak “shocking” and “horrible,” per CNN.

Kagan’s comments come after Supreme Court Justice Neil Gorsuch said last week that the investigation’s findings will hopefully be coming “soon.”

“The chief justice appointed an internal committee to oversee the investigation,” Gorsuch said Thursday at the tenth Circuit Bench and Bar Conference in Colorado, the Wall Street Journal reported. “That committee has been busy and we’re looking forward to their report, I hope soon.” 

Chief Justice John Roberts launched an investigation in May, after Politico obtained a draft opinion that suggested the Court planned to overturn Roe v. Wade. The Supreme Court’s court marshal, Gail Curley, is leading the investigation.

There have been no updates on the investigation and it is unclear whether the final report will be made public.

However, sources told Fox News that the investigation, which first focused on 70 individuals who may have had access to the opinion, has been narrowed. The investigation initially focused on more than three dozen law clerks, according to the report.

Gorsuch said the leak was meant to influence the Court’s decision and called it a threat to the judicial process.

Protesters threatened and harassed the conservative justices at their homes after the draft opinion was leaked. Law enforcement foiled an assassination plot against Justice Brett Kavanaugh, arresting an armed California man outside the justice’s home in Maryland.

However, the final opinion that was handed down in June was ultimately very similar to the leaked draft.

“I very much hope we get to the bottom of this sooner or later,” Gorsuch said.

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