Watchdog Groups Urge Senate Probe of Justice Alito’s Energy Stock Holdings and Recusal Decisions

In January, the supreme court’s clerk notified parties in a case focused on the fossil fuel industry’s responsibility for damage to the Louisiana coastline that Alito owned stock in ConocoPhillips. Alito recused himself from the Louisiana coastline case just days before oral arguments began.

It is not clear if he has sold any of his stock in oil and gas companies since filing his last financial disclosure.

The groups pointed to another apparent conflict involving Paul Singer, who founded and runs the hedge fund Elliott Investment Management. 3 billion. ProPublica reported in June 2023 that Alito failed to officially disclose a private jet ride to Alaska for a 2008 fishing trip paid for by Paul Singer.

The supreme court adopted its first-ever formal ethics code in 2023. The supreme court’s ethics code says justices should recuse themselves from cases where their impartiality might reasonably be questioned. The code allows justices to make that decision themselves and has been criticized for lacking an enforcement mechanism.

This year, the supreme court rolled out new software to scan challengers’ filings to identify potential conflicts of interest. Parties before the court must list stock-ticker symbols for companies involved in cases to allow the new software to help identify conflicts. Justices will be required to report on their 2026 holdings next year.

"No judge on any court, including the high court, should be allowed to hear cases where he or she have a financial stake in those cases," said Lisa Graves, a former senior justice department official who now directs True North Research. The groups said Alito's decision to participate in the latest Suncor petition, when a finding in favor of the companies could directly and indirectly benefit both himself and his billionaire friend, is an indefensible breach of ethical boundaries.

Hannah Story Brown, deputy research director at Revolving Door Project, said the outcome of each climate accountability lawsuit targeting big oil could affect the entire industry.

"A blanket refusal is the only consistently ethical option for Alito when faced with any of these parallel cases," Brown said. The Guardian reported that more than 70 state and local governments have brought lawsuits accusing oil companies of misleading the public about their role in the climate crisis.