Supreme Court Justice Samuel Alito revealed in a recent interview that he has a personal theory about who leaked the draft opinion overturning Roe v. Wade in 2022, but he stopped short of naming a suspect, citing insufficient evidence.
During an appearance on “Fox News Sunday,” Alito told host Shannon Bream that he “anticipated” the conservative majority’s decision in Dobbs v. Jackson Women’s Health would anger many Americans who believe the Constitution protects abortion rights. However, he said he never expected the extraordinary breach of confidentiality that followed.
“I never dreamed that the draft of the opinion would be leaked,” Alito said. “That was totally unprecedented in the history of the country.” He described the leak as a “grave breach of the trust” among everyone working at the high court.
In May 2022, Politico published an initial draft majority opinion written by Alito that showed the justices had voted to strike down the 1973 Roe decision. The final ruling, issued in June 2022, was joined by Alito and four other conservative justices: Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas. It also overturned Planned Parenthood v. Casey, the 1992 decision that had upheld Roe.
Alito argued that the leak “very predictably” made him and his colleagues “targets for assassination.” He referenced the case of Sophie Roske, a woman who traveled to Kavanaugh’s home in June 2022 with plans to kill the justice. Roske was sentenced to more than eight years in prison in October 2025, after prosecutors had sought at least 30 years.
When Bream pressed Alito on whether he had a suspect, he responded: “I do have an opinion. But the evidence available at this time is not strong enough for the court or for me to say this is the person who was responsible.”
The leak investigation has remained unresolved, and Alito’s comments add a rare public glimpse into the court’s internal deliberations. The episode has fueled debates about judicial confidentiality and the politicization of the court.
Alito’s remarks come as the Supreme Court faces a busy term, including climate change litigation and clashes with the Trump administration. The justice has also previously said he tunes out presidential praise and focuses on his judicial duties.
