Justice Alito Recuses Himself From Major Climate Case
Justice Samuel Alito will not participate in a major climate case the Supreme Court hears October 5. The court's clerk informed the parties Monday in a letter that offered no explanation.
- Alito holds stock in ConocoPhillips and Phillips 66, plus five other energy firms.
- Neither Exxon Mobil nor Suncor Energy — the two defendants — appear in his holdings.
- In May, a court spokesperson told NBC News his recusal was not required.
- Alito also did not participate when the court rejected an earlier appeal in the same case in 2023.
Why it matters: The case asks whether Boulder, Colorado, may sue Exxon and Suncor under state tort law for climate-related damages, or whether federal law blocks such suits.
- A broad ruling favoring the companies could halt dozens of similar state and local lawsuits nationwide.
- With Alito out, the remaining eight justices could split 4-4, leaving the key legal questions unresolved.
How 45 sources split on this story
Where they split: The central disagreement is whether Alito's indirect financial exposure to companies outside the case was sufficient grounds for recusal.
Center coverage, 9 sources: The center presents the recusal as a procedural development, noting Alito's earlier 2023 step-aside and the case's potential to reshape climate litigation broadly.
Left coverage, 14 sources: The left frames the recusal as a reversal driven by sustained pressure from watchdog and environmental groups, and flags years of concern about Alito's financial ties to the energy sector.
What’s next: Oral arguments are scheduled for October 5, the first day of the court's new term.
- The court has not said whether a replacement justice will be designated.
- Why did Alito change his position after the court said in May his recusal was not required?
- Would a 4-4 tie bind only the lower court's ruling or set broader precedent?
- Will the oil companies or Boulder officials seek any procedural response to the recusal?








































