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Alito steps out of Suncor v. Boulder County climate case a week before argument

Justice Samuel Alito will not take part in the Supreme Court's climate liability case against Suncor and ExxonMobil, set for argument Oct. 5. The court's letter gave no reason, and outlets differ on the likely cause and on what it means for the outcome.

7 outlets · 2L · 1C · 4R First reported Account updated

Updated (version 4). New coverage since the last version from Raw Story.

Image: NBC News
Image: Hot Air
Image: Raw Story
Image: Breitbart
Image: Fox News

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The story, neutrally told

The Supreme Court told lawyers in a letter dated Monday, Sept. 28, that Justice Samuel Alito "will not continue to participate" in Suncor Energy Inc. v. County Commissioners of Boulder County. The letter gave no reason, and arguments are set for Oct. 5, the first day of the new term. Boulder County and other Colorado local governments are suing Suncor and ExxonMobil under state law for climate-related damages; the companies argue federal law bars the claims.

Left-leaning groups had pressed Alito to recuse over his energy stocks. NBC News reports he owns no stock in Exxon or Suncor but holds shares in ConocoPhillips, Phillips 66 and five other energy firms. Earlier, a court spokeswoman said Alito had no financial interest in any party and that court counsel advised recusal was not required. Reason's Jonathan Adler suspects, without confirmation, that the stocks are the cause and questions the timing; Breitbart and Fox stress that no reason has been given, noting his January recusal in a Louisiana oil case came with a stated ConocoPhillips reason.

Adler calls the recusal likely bad news for the petitioners, while Carrie Severino of the Judicial Crisis Network does not expect it to change the outcome. A 4-4 split is now possible; Hot Air says that would leave the Colorado ruling in place and send the case to trial without setting national precedent. The Wall Street Journal editorial board called that outcome regrettable and asked "What changed?" Some conservative groups are separately urging Justice Elena Kagan to recuse over a climate chapter in a judges' reference manual.

Every sentence links to the reporting it rests on.

Left2 outlets

Framing
Presents the recusal as a reversal after pressure over stock holdings (NBC) and as a surprise that has unsettled conservative commentators (Raw Story).
Emphasis
Alito's earlier resistance, his named holdings, and the possible 4-4 split.
Leaves out or plays down
Little on conservative arguments that the case is a policy fight over courts.
Charged language
“Rattled WSJ board”“abruptly stepped aside”
For example
“Alito will no longer participate in a major climate change case after facing calls that he recuse himself because of his stock holdings in oil companies.” — NBC News
“The silence stands out because Alito resisted calls to sit out the case earlier this year.” — Raw Story

Centre1 outlet

Framing
The Hill's only item is an opinion piece arguing that oil companies cannot use the Clean Air Act to avoid state-law liability; it is not about the recusal itself.
Emphasis
The merits and the Clean Air Act.
Leaves out or plays down
The recusal, its cause and consequences.
Charged language
“Big Oil can’t hide behind the Clean Air Act”
For example
“It was not designed to shield fossil fuel companies from legal accountability or to eviscerate states’ authority to protect their citizens from conduct that brings harm to communities and costs the taxpayers billions.” — The Hill

Right4 outlets

Framing
Focuses on the unexplained nature and timing of the recusal, its effect on the oil companies' chances, and Kagan's separate recusal calls; some frame the pressure as politically motivated.
Emphasis
No reason given; possible outcomes; Kagan; tort litigation as a way around elected officials.
Leaves out or plays down
Fox and Breitbart give little weight to the stock-holdings explanation that NBC and Reason cite.
Charged language
“weaponizing the court system”“the usual suspects”
For example
“The case has drawn scrutiny from Republicans, who argue Colorado officials are weaponizing the court system to get their environmental agenda enacted.” — Fox News
“The groups pushing Justice Alito to recuse himself are the usual suspects.” — Hot Air
“The petitioners appear to lose a vote they might need” — Reason