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Notre Dame Law School professor Richard W Garnett, a supreme court expert who clerked for the late chief justice William Rehnquist during the 1996-97 term, says the leaking of the draft document represents a “gross betrayal of trust”.

In a statement to the Guardian, Garnett said:

Most court-watchers have been expecting that, in the pending Dobbs case, a majority of the justices will vote to uphold Mississippi’s abortion regulation and to squarely overrule the earlier Roe and Casey decisions. And, it is unlikely that any observers or commentators familiar with the case are actually surprised by the possibility that Justice Alito has drafted a majority opinion stating that those decisions were ‘egregiously wrong’.

In any event, however, for an employee or member of the Court to intentionally leak a draft opinion would be a gross betrayal of trust, particularly if the leak were an effort to advance partisan aims or to undermine the Court’s work and legitimacy.