New Bill Proposes Up to 10 Years Prison for Supreme Court Leaks, Broadly Defines 'Confidential Information'

This proposed legislation, the 'Stop Supreme Court Leakers Act of 2025,' introduces significant criminal penalties for Supreme Court officers or employees who disclose certain internal information without authorization. The core aim is to prevent leaks from the nation's highest court by making such actions punishable by hefty fines and potentially lengthy prison sentences.

What's Off-Limits Now?

The bill casts a wide net defining 'confidential information.' According to Section 2, this isn't just about draft opinions before they're released. It also includes internal case notes, communications between justices and staff, discussions among court officers about pending matters, and even justices' personal information not already public. Critically, the definition extends to any information the Chief Justice personally designates as confidential, giving considerable discretion to shield information from public view.

The Consequences of Sharing Secrets

If this bill becomes law, unauthorized disclosure could lead to serious trouble. Section 2 outlines penalties including up to 10 years in prison and a fine. Interestingly, there's a specific mention of a $10,000 fine for leaks involving internal notes, which seems minor compared to the potential decade behind bars for other types of disclosures. This creates a somewhat uneven penalty structure. Furthermore, the bill adds these offenses to criminal forfeiture laws, meaning assets potentially gained from or used in the offense could be seized.

Balancing Secrecy and Scrutiny

While the goal is protecting the court's deliberative process, the potential real-world impact raises questions. The broad definition of 'confidential,' combined with the Chief Justice's power to expand it, could make it harder to understand the court's inner workings or hold it accountable. Employees who might otherwise report potential issues – what some might call whistleblowing – could face a chilling effect, fearing severe penalties even if they believe disclosure serves the public interest. The law doesn't explicitly target journalists, but criminalizing the source of information inevitably impacts the flow of information vital for public oversight.