Alito sits out Boulder climate case on eve of argument
Justice Samuel Alito will not participate in Monday’s Suncor Energy v. Boulder County climate argument, the Supreme Court clerk told the parties. The short note gives no reason. Watchdogs had pressed for recusal over oil and gas holdings; a Court spokeswoman earlier said he had no financial interest in any party.
The Supreme Court’s Monday climate showdown will proceed without Justice Samuel Alito. Clerk Scott Harris told advocates in Suncor Energy Inc. v. County Commissioners of Boulder County that “Justice Alito has determined that he will not continue to participate,” SCOTUSblog reported. The Sept. 28 letter gave no explanation — thinner than the clerk’s January note in another oil-and-gas case that cited a ConocoPhillips-related holding after later briefing showed a dismissed affiliate still in district court.
The Boulder dispute asks whether federal law bars state tort suits that seek to hold energy companies financially liable for climate harms. Similar cases are pending across the country. In May, left-leaning watchdogs urged the Senate Judiciary Committee to investigate Alito’s involvement, citing oil and gas holdings and a prior recusal from a petition by the same companies. A Supreme Court spokeswoman told NBC News then that Alito had no financial interest in any party and that Court counsel advised recusal was not required.
SCOTUSblog’s Amy Howe notes Alito’s absence creates a possible 4–4 tie that would leave the Colorado Supreme Court’s decision allowing Boulder’s claims to proceed in place. For local governments and energy firms, the stake is whether state courts can keep hearing climate damages suits — and whether an unexplained recusal becomes a political fight over Court ethics on the eve of oral argument. No new Court note landed overnight. Justices are not required to explain recusals under the Court’s 2023 code of conduct, though they sometimes do when prior service or a clear financial interest is involved.
What we know:
Alito will not participate in Monday’s Suncor/Boulder argument; the clerk’s note offers no reason; dozens of similar suits could be affected by the merits outcome.
What we don’t:
Why Alito stepped aside now, or whether an eight-justice Court will produce a clear majority or a 4–4 affirmance.
Where outlets agree SCOTUSblog and Colorado Public Radio agree Alito will not take part in the Boulder climate argument set for Oct. 5.
Where they differ Watchdogs say stock holdings and prior practice demanded earlier recusal while the Court previously said Alito had no financial interest in any party and that counsel advised against required recusal.