Overview
- The Supreme Court clerk notified lawyers on Monday that Justice Samuel Alito “has determined that he will not continue to participate in this case,” and gave no public reason for the decision.
- The case, brought by Boulder, Colorado, asks whether Exxon Mobil and Suncor can be sued under state law for climate damages or whether federal law and separation‑of‑powers principles block those claims.
- Alito’s financial filings show he holds stock in several oil and gas firms though not in Exxon or Suncor, and he had previously stepped aside at an earlier stage of this litigation in 2023.
- With Alito recused, the court’s 6‑3 conservative majority will hear argument on Oct. 5 with one fewer vote, a change that raises the real possibility of a 4‑4 split that would leave lower‑court rulings intact.
- A ruling for the companies could narrow or end dozens of state and local climate suits seeking billions in damages, so the court’s decision could directly affect municipal budgets, cleanup plans and future litigation strategies.