In an effort to find the source of the recent draft decision leak, the Supreme Court is expanding its probe by requiring clerks to share their cell phone data with investigators.

The draft, which was recently leaked to the press, would overturn decades of abortion and privacy rights law for women. Since its release, the draft decision has created rifts within an already divided Supreme Court – and the country.

Leading the investigation is the Supreme Court Marshal, Gail Curley, who was appointed as the lead investigator by Chief Justice John Roberts. But the current investigation is well beyond Curley’s regular duties.

As these efforts have increased by the court officials, some clerks have considered hiring their own lawyers. Investigators are said to be requiring clerks and suspected members of the staff to sign affidavits as well. 


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Chief Justice Roberts has had meetings with his clerks in the aftermath of the initial leak, though it is unclear whether the justices have met with these clerks individually.

The level of exposure the document received before the leak is also under scrutiny. High-ranking staffers and administrative officials assisting the justices would have received the draft opinion as well.

As many as 75 people could have received the draft opinion.

The escalation of the probe comes as trust within the Supreme Court has been weakening. “When you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder,” Justice Clarence Thomas remarked during an event in Dallas recently.

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