The Supreme Court will open its 2026-27 term with an eight-justice bench in Suncor Energy Inc. v. County Commissioners of Boulder County. Justice Samuel Alito withdrew from the case on Monday, just one week before argument, via a short letter from the clerk that offered no reason. The dispute asks whether state-level tort claims can hold oil and gas companies liable for climate change, and similar suits are pending across the country.
Both SCOTUSblog and Reason agree that Alito's recusal is likely tied to his personal stock ownership, though they differ on details. SCOTUSblog notes that watchdog groups had pushed for recusal over Alito's holdings in energy companies, while the Court's spokeswoman said Alito had no financial interest in any party and had been advised recusal was not required. Reason speculates that Alito owns shares in companies facing similar suits, not parties to this case, and argues the timing is hard to explain.
The two sources also read the consequences differently. Reason emphasizes that Alito was considered preemption-friendly, so his absence likely hurts the petitioners and helps the Boulder County officials. SCOTUSblog instead contrasts this recusal with Alito's earlier, fully explained withdrawal from a Chevron-related case over a ConocoPhillips financial interest. Both agree that the lack of explanation here is notable, and that the Court's decision will carry significant weight for climate litigation nationwide.