I have frequently accused the current administration of blatant corruption–and with good reason. But for sheer chutzpah (look it up), Supreme Court Justice Samuel Alito really can’t be outdone.
Just in the past few days, we’ve had reports of the millions of dollars he has garnered from the oil and gas interests that have business before the Court. The Daily Beast reports that Alito has made $2.9 million dollars from fossil fuel interests, and that he is preparing to vote in a case that will determine whether oil companies should pay for their dishonesty about the impacts of climate change. (The Trump administration, you will not be shocked to learn, supports a grant of immunity to those oil companies.)
Several other outlets have also reported on Alito’s fossil fuel investments and his evident intent to weigh in on the upcoming case rather than recuse himself. According to the Guardian, Alito realized that $2.9 million from fossil fuel interests between the years of 2005 and 2024. Alito was tapped for the high court by George W Bush in 2005.
The findings come as the Supreme Court prepares to take up a case in which the oil companies Suncor Energy and Exxon asked the justices to find that federal law prevents subnational governments from filing lawsuits against fossil fuel producers for the climate-warming effects of their products.
The Supreme Court said it will hear oral arguments in the case on 5 October, the opening day of its new term.
Court Accountability, together with other watchdog organizations, has called for Alito to recuse himself, and for a Senate investigation if he refuses (which he has). They point out that Alito is the only Supreme Court justice with holdings in fossil fuel energy companies, that those holdings are significant, and that they raise a perception of partiality in the pending lawsuit.
The arguably inadequate Supreme Court ethics code–adopted only in 2023– would force recusal only when a Justice has invested in the specific companies party to pending court cases. A Supreme Court spokesperson, responding to a question from NBC News, said Alito was not required to recuse himself from the pending lawsuit because his holdings don’t include the parties named in the case, Suncor and ExxonMobil.
I agree with Lisa Graves, co-founder of Court Accountability, who points to the obvious–that Alito’s oil-tied wealth will inevitably be affected by the results of a case that will impact the entire sector.
“A reasonable person would think if you’re invested in the industry that could benefit from the outcome of a lawsuit, then you could personally stand to benefit from the outcome, even if you don’t hold the stock in the specific company that happens to be the named plaintiff,” said Graves.
That concern is heightened by the fact that Alito had inherited–and made a small fortune–from ExxonMobil stock, but had sold the stock, conveniently ensuring that the recusal rule would not apply.
The Guardian article pointed to Alito’s history of favoring fossil fuel interests. In the 2007 case Massachusetts v Environmental Protection Agency, he was one of four dissenting justices who argued greenhouse gas emissions could not be regulated under the Clean Air Act, and in 2022, in West Virginia v EPA, he joined Neil Gorsuch’s majority in arguing that the EPA lacked broad authority under the Clean Air Act to require a shift away from fossil fuels. Worse still, he joined the majority in two 2024 cases overturning the longstanding Chevron doctrine–a decision making it much more difficult for agencies to defend environmental regulations.
A similar article by The New Republic detailed Alito’s considerable remaining investments in fossil fuel companies, and pointed out the significance of the pending case for fossil fuel companies generally. The outcome “will determine whether municipal and state governments can seek damages for decades of Big Oil deception regarding the climate harms these companies knew their fossil fuel products would cause—a make or break decision for Alito’s second stream of income.”
Anyone who has followed Supreme Court jurisprudence is already aware that Samuel Alito is an ideologue given to highly dishonest approaches to settled precedents with which he disagrees. I have previously highlighted that dishonesty in his majority opinion in Dobbs, the case that overturned Roe v. Wade and partially eviscerated the constitutional doctrine we know as the right to privacy.
Next to Alito, Thomas–who just takes money and fancy trips– is a corruption piker.
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