Supreme Court Justice Samuel Alito has recused himself from Suncor v. Boulder, a climate damages lawsuit, one week before oral arguments were scheduled for October 5. The court's clerk, Scott Harris, informed the parties Monday but provided no reason for the withdrawal.
Alito said in May he would not recuse himself from the case, even though he holds investments in ConocoPhillips and Phillips 66—companies named as defendants in similar climate lawsuits across the country. While Alito has no direct stake in Suncor or ExxonMobil, the named defendants in this case, the Supreme Court's ruling stands to affect the legal landscape for related cases against his portfolio companies.
Watchdog groups intensified pressure on Alito in recent months. They argued that a decision in Suncor would have industry-wide implications beyond the named defendants. Consumer Watchdog, a California-based group, noted that ConocoPhillips and Phillips 66 have repeatedly warned shareholders of financial risks from such litigation.
Alito's recusal marks a sharp reversal. In May, the court's legal counsel advised that his recusal was not required, citing no direct financial interest in Suncor or ExxonMobil. The Justice had previously recused himself from the same Colorado case in 2023 when the court declined to hear the companies' appeal—though the court later said that recusal was inadvertent, occurring because the case was bundled with others in which Alito held a financial stake.
Alito is one of only two justices on the current court with individual stock holdings. Chief Justice John Roberts also holds individual securities but maintains no energy sector investments.
