May 4, 2022 - Politics & Policy

Former Army lawyer will lead investigation into Supreme Court leak

Supreme Court protesters

Abortion-rights advocates demonstrate in front of the U.S. Supreme Court Building on May 4. Photo: Anna Moneymaker/Getty Images

Col. Gail Curley, the current Marshal of the Supreme Court, has been tasked with investigating the source of the court's leaked draft decision overturning Roe v. Wade.

Driving the news: Late Monday, Politico posted a story reporting that the court has voted to overturn Roe v. Wade — and published a leaked draft of that majority opinion, written by Justice Samuel Alito.

  • Chief Justice John Roberts on Tuesday confirmed the authenticity of the leaked document, adding that he had directed the court's marshal to open an investigation into the leak.

The big picture: Curley, a former career U.S. Army lawyer, was appointed to be the court's marshal last year, making her only the second woman ever to fill the role.

  • As marshal, Curley acts as the court's facilities administrator, contracting executive and chief security officer, and her duties include managing the court's police force, which provides security for the justices, staff and visitors, per the press release.
  • "She has held a wide variety of leadership and legal positions over her military career at many locations including Germany, Afghanistan, and the continental United States," the court's press release noted.
  • Just prior to her appointment as Supreme Court marshal, Curley was the chief of the national security law division in the Office of the Judge Advocate General.

State of play: As marshal, Curley has the power to make arrests for violations of state or federal law, but any potential decisions on prosecution regarding the leak would most likely come from the Justice Department, according to Bloomberg Law.

  • Republican members of the House Oversight Committee on Tuesday sent a letter to the Justice Department requesting an investigation into the leak.
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