U.S. Supreme Court Building, Washington, DC

(Photo: Courtesy of Duncan Lock)
Lawyers for James Holmes, the man charged with killing 12 people in an Aurora theater, have taken one aspect of their case to the U.S. Supreme Court.

They are asking Justices to require a Fox News reporter to identify her sources for a story about the defendant.

Colorado courts have ruled Jana Winter, who’s based in New York, must divulge who broke the judge’s gag order and told her about evidence in the case.

But New York courts have said she doesn’t have to testify.

Defense Attorney and former prosecutor Karen Steinhauser says this case is about conflicting constitutional rights.

“Who takes precedent, a reporter with her right to protect her sources or a criminal defendant’s rights to be able to confront and cross-examine those witnesses against him?," she asked.

Steinhauser says individual states may have answered that question within their own jurisdictions.

But this case involves two states arguing over competing rights.

The U.S. Supreme court will decide if it wants to take up the issue.