Supreme Court leaks are eroding the institution from within | Opinion

The New York Times recently published a series of leaked 2016 Supreme Court memos containing private communications among the justices.

Much of the attention has focused on what those leaks revealed about the court’s use of its controversial emergency docket. But the more important story is the leaks themselves.

Leaks like these point to a deeper problem inside the court. They can erode trust, discourage candid communication between justices and disrupt the deliberative process the institution depends on.

Are Supreme Court leaks a sign of declining institutional health?

The Supreme Court has long been secretive, and leaks have been rare, though not unheard of. But since the spring 2022 leak of a draft opinion by Justice Samuel Alito that previewed the overturning of Roe v. Wade, the court has become increasingly prone to leaks.

The recent run is a warning sign that, behind the scenes, the nation’s highest court might not be functioning as smoothly as it should.

Leaks are a way to force change by generating outside pressure rather than working through the court’s internal deliberative process. They tend to happen when people lose faith in that process, and in the institution itself, to resolve disagreements.

If people have faith in an institution’s mission and its internal deliberations, they are less likely to take disagreements public through leaks. That’s why repeated breaches can signal deeper problems inside the court. A one-off instance can be explained away. A pattern is harder to dismiss.

Breaches of trust are especially damaging to the Supreme Court, which is designed to operate with a degree of insulation from public and political pressure. It is not surprising that this rise in leaks has coincided with a decline in public confidence in the court. Even if the justices themselves are not swayed by outside reaction, those pressures are increasingly seeping in.

At the same time, leaks rarely achieve the changes their sources may hope for. The justices have shown themselves to be largely resistant to pressure campaigns. The Dobbs v. Jackson Women’s Health Organization leak is the clearest example: It did not change the outcome ‒ Roe was still overturned ‒ but it did change how the court operated internally, leading to new security protocols and, eventually, mandatory nondisclosure agreements.

These leaks are likely to follow the same pattern, eroding trust within the court while doing little to alter its decisions.

Leaks have the potential to further damage the court

At the Supreme Court, even small changes in how justices communicate can have real consequences. If they become more guarded ‒ less willing to share notes, drafts or candid reactions across chambers ‒ parts of the deliberative process can break down. What once would have been said openly may go unsaid.

Recent leaks of internal memos underscore that concern. In one instance, a memo by Chief Justice John Roberts surfaced showing him urging colleagues to block Donald Trump’s criminal trial related to the 2020 election on presidential immunity grounds.

Justices will inevitably communicate differently if they fear their internal discussions could become public. That may mean more face-to-face conversations. But it may also mean less candor and fewer opportunities to test ideas before decisions are finalized.

Much of the suspicion has fallen on the clerks ‒ recent law school graduates who assist justices with research and draft opinions. Whether or not that is the case, the effect is the same: It can change how justices view and rely on the people working closest to them. The chief justice has already required clerks and other employees to sign nondisclosure agreements beginning in 2024, a sign that internal trust is under strain.

Clerks are integral to how the Supreme Court operates. If that trust erodes, justices might rely on them less, shifting more work directly onto the justices themselves and limiting how ideas are shared across chambers.

Over time, that can ripple outward, straining relationships among the justices and quietly degrading the deliberative process the court depends on.

Dace Potas is an opinion columnist for USA TODAY and a graduate of DePaul University with a degree in political science.

This article originally appeared on USA TODAY: Supreme Court leaks are eroding the institution from within | Opinion

Reporting by Dace Potas, USA TODAY / USA TODAY

USA TODAY Network via Reuters Connect

This story was originally published April 21, 2026 at 2:24 PM with the headline "Supreme Court leaks are eroding the institution from within | Opinion."