REPORT: Justice Roberts ‘Likely’ To Order FBI Investigation Into SCOTUS Leak

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Diana Glebova White House Correspondent
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Chief Supreme Court Justice John Roberts will likely launch an investigation involving the FBI into the SCOTUS leak from the Dobbs abortion case, according to CBS News’ Elizabeth Campbell.

The apparent Feb. 10 draft opinion obtained by Politico published Monday shows that the initial majority opinion of the court is poised to strike down the landmark Roe V. Wade decision granting women the right to an abortion. (RELATED: SCOTUS Intends To Overturn Roe V. Wade: REPORT)

“This is an unprecedented leak from SCOTUS. It raises questions about how the institution will ever recover, and how Chief Justice Roberts will respond,” Campbell tweeted.

“Sources tonight tell  [CBS News’ Jan Crawford] he is likely to order a full-blown investigation, involving the FBI, to determine the source,” Campbell added.

The draft opinion showed that five justices — Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — voted to overturn, while three — Stephen Breyer, Sonia Sotomayor and Elena Kagan — dissented, according to Politico. Roberts has reportedly not yet made his decision.

“Roe was egregiously wrong from the start,” Alito wrote in the draft opinion, according to the outlet.

“We hold that Roe and Casey must be overruled,” the opinion reportedly continued. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

No draft opinion in modern history has ever been leaked while the case was still pending, according to Politico.