Santa Fe New Mexican

Justice Alito denies disclosing 2014 opinion in advance

- By Robert Barnes and Ann E. Marimow

WASHINGTON — Justice Samuel Alito denied an allegation from a former anti-abortion activist that Alito or his wife disclosed to conservati­ve donors the outcome of a pending 2014 case regarding contracept­ives and religious rights.

The New York Times reported Saturday that Rob Schenck, who on his website identifies himself as a “once-right-wing religious leader but now dissenting evangelica­l voice,” said he was told the outcome of the case, Hobby Lobby v. Burwell, several weeks before it was announced. Schenck said a conservati­ve donor to his organizati­on relayed the informatio­n after a dinner with Alito, who wrote the majority opinion in the case, and the justice’s wife.

But the donor, Gayle Wright, told the Times that Schenck’s account was not true, and Alito issued a statement denying it as well.

“The allegation that the Wrights were told the outcome of the decision in the Hobby Lobby case, or the authorship of the opinion of the Court, by me or my wife is completely false,” Alito said.

“My wife and I became acquainted with the Wrights some years ago because of their strong support for the Supreme Court Historical Society, and since then, we have had a casual and purely social relationsh­ip,” the statement said. “I never detected any effort on the part of the Wrights to obtain confidenti­al informatio­n or to influence anything that I did in either an official or private capacity, and I would have strongly objected if they had done so.”

In response to questions Saturday about the denials from Alito and Wright, Schenck confirmed in a statement “the extensive details and facts” he provided in the Times account and declined to comment further.

Schenck’s allegation comes after the unpreceden­ted leak this spring of Alito’s draft opinion upholding a restrictiv­e Mississipp­i abortion law and overturnin­g the constituti­onal right to abortion establishe­d in Roe v. Wade nearly 50 years earlier. The leak was a shocking breach of the court’s secretive and closely held deliberati­ons, and Alito recently denounced it as a “grave betrayal of trust.”

The episode added to growing debate over the legitimacy and behind-thescenes operations of the Supreme Court at a time when public approval of the court has sunk to historic lows.

Chief Justice John Roberts announced an investigat­ion into the origins of the leak soon after it was published in early May but has not provided any further informatio­n. Some justices have said in public appearance­s they expect a report or updates, but they have not been specific.

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