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Supreme Court Formalizes Secrecy With Staff NDAs Ordered by Roberts

Sources describe agreements that could trigger legal action for disclosures, with no public text available.

Overview

  • Chief Justice John G. Roberts Jr. asked employees in November 2024 to sign nondisclosure contracts covering the court’s internal workings, according to reporting.
  • The move converted long-standing informal confidentiality norms into formal agreements that people familiar with the policy characterized as more forceful.
  • Clerks and support staff signed in 2024, and new hires have continued to sign, though the New York Times has not reviewed the contracts themselves.
  • The policy followed unusual leaks, including the draft opinion overturning abortion rights, and reporting on ethical lapses involving justices.
  • Legal scholars and a former clerk criticized the shift as reflecting institutional weakness, while Gallup surveys in 2025 showed court approval around 39%–42%.