In 1852, ten days before the justices announced their ruling, the New-York Tribune published the decision in Pennsylvania v. Wheeling and Belmont Bridge Company.
[1][2] In February 1857, Associate Justice John Catron informed President-elect James Buchanan that the Supreme Court would write in Dred Scott v. Sandford that Congress had no power to regulate slavery in federal territories.
"[5][6] Ninth Circuit Judge John B. Owens told Politico in 2022 that Embry is the only known case where "someone financially benefitted from disclosing inside information at the Supreme Court".
[8][9] Once a decision was finalized, Larry Hammond, a clerk for Justice Lewis Powell, leaked it to Time, on the condition it would not be published until the ruling was public.
[8][13] Two years later, Chief Justice Warren Burger reassigned a member of the Court's print staff after determining they leaked the results of multiple cases to Tim O’Brien, an ABC News correspondent.
[13][15] In 1981, United Press International received a draft of an opinion for County of Washington v. Gunther, but withheld publication because it was "unable to establish the authenticity.
"[16] In June 1992, an issue of the newsmagazine Newsweek contained an account of the Court's deliberations in Planned Parenthood v. Casey, a case involving abortion.
The article cited various unnamed sources, including clerks, and correctly predicted that "at least three of the nine justices are planning to draft opinions in Casey" and that the decision would be issued on June 29.
[19][20] In 2019, CNN reported on Roberts switching his vote in another high-profile case, Department of Commerce v. New York, which considered whether a question about citizenship status could be added to the 2020 United States census.
[21][22] In 2022, during oral arguments in Arizona v. City and County of San Francisco, California, Justice Stephen Breyer commented that a claim was "pretty similar to what we just allowed in that case of the attorney general", inadvertently revealing the Court's decision in Cameron v. EMW Women's Surgical Center, P.S.C., eight days before it would be published.
[29][30] On May 2, 2022, Politico released a leaked 98-page draft opinion authored by Associate Justice Samuel Alito in a highly watched abortion case, Dobbs v. Jackson Women's Health Organization, which had five votes to overturn Roe v.
[31][32] The authenticity of the draft was confirmed by Chief Justice John Roberts, who also directed the marshal of the Court, Gail Curley, to conduct an investigation into the source of the leak.
Justices Clarence Thomas, Alito, and Neil Gorsuch were opposed to the idea, but Barrett said she would vote against granting certiorari if the case was to be heard during the current term.
[44][45] Roberts reportedly tried to persuade Kavanaugh to join his opinion in Dobbs: to uphold the 15-week ban on abortion at the heart of the case without completely overturning Roe.