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Former Supreme Court Clerk Says Leak Shows 'Huge Battle Taking Place Inside'

BOSTON (CBS) - It's unclear whether the FBI or Justice department have authority to investigate. The draft opinion leaked from inside the Supreme Court is not technically classified or sensitive information. Chief Justice John Roberts directed the marshal of the court to determine the source of this "egregious breach of trust."

Kent Greenfield knows how the inside of that court works; the professor of law at Boston College clerked for Supreme Court Justice David Souter back in the '90s.

"There's some kind of huge battle taking place inside the court," said Greenfield.

Greenfield explains fewer than 50 people would have had access to this opinion as it circulated in February.

"This is a very drastic act. I keep thinking it reveals a rip in the culture of the court that we've not seen," he said.

Greenfield sees a couple of potential motives for this drastic act. The draft could have been shared by a liberal clerk or justice to send a warning.

Greenfield said it's, "to show the drastic change that's in the works and maybe elicit a big pushback against the court."

But he thinks it's even more likely that a conservative could be behind the leak - working to solidify a five-vote coalition.

"One way to keep those possible defectors in the fold is release this to show there's at least five votes tentatively for overturning Roe. If there's any change it embarrasses that defector," Greenfield explained.

Votes by the court's members can change as drafts are exchanged, and a decision is not final until it is handed down by the Supreme Court - expected early summer.

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