Democrats demand probe into new claim of Supreme Court leak

Democrats are investigating allegations that a 2014 Supreme Court ruling was leaked to a former anti-abortion activist weeks in advance.

The bombshell report in the New York Times over the weekend claimed that the Rev. Rob Schenck got an early warning that the Supreme Court would rule, in a case brought about by Hobby Lobby, that requiring family-owned corporations to pay for insurance covering contraception violated their religious freedoms.

The ruling was a major victory for conservatives and the religious right but it's the second time - after the draft opinion was leaked in Dobbs v. Jackson Women's Health Organization this summer - that an opinion written by Justice Samuel Alito was revealed early.

Democratic Senator Dick Durbin of Illinois, the head of the Senate Judiciary Committee, said his panel would be investigating the matter. 

'The Senate Judiciary Committee is reviewing these serious allegations, which highlight once again the inexcusable 'Supreme Court loophole' in federal judicial ethics rules,' he wrote in a statement.

Democratic Senator Dick Durbin of Illinois, chairman of the Senate Judiciary Committee, said his panel would investigate allegations that a 2014 Supreme Court ruling was leaked to a former anti-abortion activist weeks in advance

Two more Democrats, Sen. Sheldon Whitehouse of Rhode Island and Rep. Hank Johnson of Georgia, who chair subcommittees that oversee courts, issued a statement calling the Times report 'another black mark on the Supreme Court's increasingly marred ethical record'

Durbin also called on Congress to pass legislation that would require the Supreme Court to adopt a code of ethics.  

'It is unacceptable that members of the highest court are exempted from the judicial code of ethics when wealthy special interests are spending millions in dark money to influence the Court's decisions. Since the Court refuses to act, Congress should pass Supreme Court Ethics Act,' he added. 

Two more Democrats, Sen. Sheldon Whitehouse of Rhode Island and Rep. Hank Johnson of Georgia, who chair subcommittees that oversee courts, issued a statement calling the Times report 'another black mark on the Supreme Court's increasingly marred ethical record' and said they 'intend to get to the bottom of these serious allegations.' 

They too urged passage of a code of ethics. And Democratic Senator Richard Blumenthal of Connecticut, who also sits on the Senate Judiciary Committee, called for the passage of ethics rules.

'This stunning, deeply disturbing revelation only further shatters the legitimacy & credibility of the Court. Absolutely no question, Congress should establish a SCOTUS Code of Ethics so justices can't peddle their influence & undermine our legal system,' Blumenthal said.  

Schenck, who used to lead an evangelical nonprofit in Washington, detailed to the Times how he learned about the 2014 ruling in advance. He also said he wrote about the matter to Supreme Court Chief Justice John Roberts.

He said in June 2014, an Ohio couple who donated to his group had a meal with Alito and Alito's wife Martha-Ann. The next day, Gayle Wright, one of the pair, contacted Schenck to tell him the decision would be favorable to Hobby Lobby and was written by Alito.

Three weeks later, the court's released ruling confirmed that. 

Alito denied the allegation.

'The allegation that the Wrights were told the outcome of the decision in the Hobby Lobby case, or the authorship of the opinion of the Court, by me or my wife is completely false. My wife and I became acquainted with the Wrights some years ago because of their strong support for the Supreme Court Historical Society, and since then, we have had a casual and purely social relationship,' he said in a statement.

It remains unclear the validity of Schenck's accusation as the Times, which received a copy of his letter to Roberts, noted some gaps in his story. 

Although a staunch supporter of religious rights, Schenck has recently distanced himself with the Evangelical community following his support in favor of abortion rights. 

Schenck told the Times that he has since regretted his actions and would like to help Roberts in any way find the leaks in the high court. 

'What we did was wrong,' Schenck said of his alleged work exploiting leaks. 

Supreme Court Justice Samuel Alito Jr. (left) was accused of revealing the high court's 2014 landmark ruling involving contraception and religious rights by Rev. Rob Schenck (right), a longtime activist for the religious right

Pictured: Schenck (left) together with Alito (right) in 2006

Pictured: Schenck's letter to Supreme Court Chief Justice John Roberts 

Between 2000 and 2018, Schenck helped raise more than $30 million for his nonprofit, purchasing an office across the street from the high court in order to try and get close with conservative judges. 

He said that he appointed friends and wealthy donors as 'stealth missionaries to get the job done. 

'I exploited my friendships,' Schenck told the Times. 'The bad is on me.'

Schenck's allegations come just a few weeks after Alito condemned the leak of his draft opinion last May that eventually overturned Roe v. Wade during an event in Washington DC organized by the Heritage Foundation, a conservative think tank.

'The leak also made those of us who were thought to be in the majority in support of overruling Roe and Casey targets for assassination because it gave people a rational reason to think they could prevent that from happening by killing one of us,' Alito said on Tuesday.

Alito also gave no indication as to whether the court had identified who leaked the draft opinion to Politico weeks before its scheduled release. However, he said the leak 'was a grave betrayal of trust by somebody'.

The Supreme Court has since launched its investigation to uncover the leaker of the draft decision. 

Alito said the leak left him in 'shock' and 'certainly changed the atmosphere at the court for the remainder of last term'. 

The Supreme Court had been left on high alert since June as a man had been charged with attempted murder after being arrested near the Maryland home of conservative Justice Brett Kavanaugh.

Nicholas John Roske was arrested in June after showing up to Justice Kavanaugh's home armed with a gun and knife. He turned himself into US marshals stationed outside Kavanaugh's home and admitted his intentions to them. 

Alito also denounced the ongoing debate over the institution's legitimacy amid a backlash over its decision on abortion last June. He said much of the criticism had focused on 'character' rather than the court's rulings.