Justice Samuel Alito Surprises by Recusing Himself from First Supreme Court Case of New Term

Supreme Court Justice Samuel Alito announced Monday that he will recuse himself from a high-profile climate change case.

“Justice Alito has determined that he will not continue to participate in this case,” a letter from the Clerk of the Supreme Court said.

The letter was sent to the lawyers for both parties in the case of Suncor Energy vs. County Commissioners of Boulder County.

SCOTUSblog said the case will be heard on the first day of the new term.

Alito had previously indicated he would not step aside, according to NBC News.

The issue of Alito’s participation in the case arises from the stock he holds in ConocoPhillips and Phillips 66, as well as five other energy sector firms.

Critics have said that could present a conflict of interest because the ruling in the case before the court could have an impact throughout the industry.

The case involves ExxonMobil and Suncor Energy, which want to toss out a lawsuit that seeks damages from oil companies for the effects of climate change.

NBC News noted that taking Alito out of the picture means the court would need only one justice from the conservative side to join the three liberal justices for a split 4-4 verdict.

Alito had recused himself in 2023 when the court rejected another appeal from the companies.

At that time, companies wanted to force lawsuits on the issue of climate change to be heard in federal courts and not state courts, as noted by NBC News. The companies lost.

The outlet reported that an earlier 2023 recusal from Alito is now being labeled “inadvertent” and that Alito had not been required by ethics rules to do so.

Alexandra Nagy, organizing director of an advocacy group called Consumer Watchdog, agreed with Alito’s decision to recuse himself from the case facing the court this year.

“Justice Alito’s recusal… is the right decision, and one he should have made from the start,” she said in a statement.

SCOTUSblog noted that in January, Alito recused himself from Chevron USA Inc. v. Plaquemines Parish, Louisiana, another case involving energy companies.

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