Justice Samuel Alito stepped away from a major Supreme Court case just days before it was scheduled to start. This happened less than a week before oral arguments were set to begin. The case is called Suncor Energy Inc. v. County Commissioners of Boulder County. It asks whether cities can sue oil companies for causing climate change. Scott Harris, the clerk of the Supreme Court, told lawyers about the change on Monday. He did not explain why Alito made this choice.
Carrie Severino runs the Judicial Crisis Network. She told Fox News Digital that Alito takes his job seriously. She said his absence likely will not change the final result. The Supreme Court was ready to start its 2026-27 term with this case. Republicans have watched this case closely. They worry that officials are using courts instead of laws. Steve Cox is a former Alaska attorney general. He said Colorado officials are using lawsuits to push an environmental agenda. He noted this bypasses elected officials entirely.
O.H. Skinner leads the Alliance for Consumers. He argued this is not a fight about science. He said it is a fight about who makes policy. He asked if we want judges to run society. He noted that Alito did not make this decision lightly. Skinner said it is never good when the Court is missing a member. He added that the left often complains about recusions. He believes this constant criticism hurts the institution. Alito weighed all factors before deciding to step back.
This is not Alito’s first recent recusal in energy cases. In January, he sat out a different case involving Louisiana. That case dealt with coastal erosion and oil companies. Alito owned stock in ConocoPhillips at the time. This company is linked to one side of that dispute. Now the spotlight turns to Justice Elena Kagan. Some groups want her to step back from this case too. She wrote the foreword for a legal manual on scientific evidence. That manual once included a chapter on climate science. Congress and Republican attorneys general criticized that chapter as biased. The chapter was eventually removed from the manual.
In July, more than a dozen legal groups sent a letter. They asked the Senate Judiciary Committee to investigate Kagan’s role. Carrie Severino led this effort. She questioned whether Kagan can remain impartial. She urged Kagan to take her ethical duties seriously. The debate over who sits on the bench is heating up. Both sides are watching every move closely. The money and politics behind these cases are complex. Voters are paying the price for these legal battles. Lawsuits cost every American household thousands of dollars. The Supreme Court’s decision could change how much we pay.