TBA Law Blog


Posted by: Kate Prince on May 24, 2022

Gail Curley, a former Army colonel and military lawyer and current Marshal of the U.S. Supreme Court, has been asked to lead the investigation into the leak of a draft opinion that suggests the high court is poised to overturn Roe v. Wade. Experts say leaking the draft opinion likely wasn’t a crime, and Curley’s investigative tools are limited. She could theoretically hire an outside law firm to assist or, as in some other judicial records cases, call in the FBI. But it isn’t clear if she or others have the power to issue subpoenas to get material from journalists or the fewer than 100 people in the court — including justices — with access to a draft opinion. The Associated Press has more on Curley’s career.