Government watchdog groups have called on the Senate judiciary committee to investigate Supreme Court Justice Samuel Alito over potential ethics violations related to his ownership of oil company stocks. In a letter sent Thursday, a coalition of organizations argued that Alito may be violating court ethics codes by participating in cases that could benefit the fossil fuel industry.
Alito's Stock Holdings Under Scrutiny
Alito is the only Supreme Court justice with holdings in energy companies. His most recent financial disclosure, filed in August 2024, revealed investments worth between $60,007 and $245,000 in ConocoPhillips, Phillips66, and five other oil and energy firms. Additionally, he has up to $100,000 invested in a Vanguard fund where Exxon is the third-largest holding.
The letter, signed by environmental groups such as the League of Conservation Voters and the Center for Biological Diversity, along with progressive accountability watchdogs like the Revolving Door Project and True North Research, highlights Alito's failure to recuse himself from a case involving oil majors Suncor Energy and Exxon. The Supreme Court agreed in February to hear the case, which seeks to determine whether federal law prevents state and local governments from suing oil companies for climate-related damages.
Inconsistent Recusal Practice
In 2023, Alito recused himself from a similar petition brought by the same companies, but he did not step aside when the court agreed to hear the latest case. Lisa Graves, a former senior Justice Department official and director of True North Research, stated, "No judge on any court, including the high court, should be allowed to hear cases where they have a financial stake."
The watchdog groups argue that Alito's holdings should compel him to recuse himself from the Boulder case and other climate deception lawsuits filed by over 70 state and local governments. These lawsuits accuse oil companies of misleading the public about their role in the climate crisis.
Additional Conflict of Interest Concerns
The groups also pointed to Alito's relationship with Republican billionaire donor Paul Singer, who founded Elliott Investment Management, a major shareholder in Suncor Energy. ProPublica reported in June 2023 that Alito failed to disclose a private jet trip to Alaska paid for by Singer in 2008. Alito defended the trip, claiming ethics rules did not require disclosure.
The letter states, "Alito's decision to reverse course and participate in granting the companies' most recent 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."
Supreme Court Ethics Code Lacks Enforcement
In 2023, the Supreme Court adopted its first formal ethics code in response to scandals involving senior right-wing justices. The code requires recusal when impartiality might be questioned but leaves enforcement to individual justices. Experts have criticized it as toothless due to the lack of an enforcement mechanism.
Graves expressed outrage, saying, "It's possible that Alito is using the rationale that he's needed to resolve the Suncor case. The highest court in the country should have the highest standards, not the lowest."
The court recently introduced software to scan filings for potential conflicts, but the outcome of climate lawsuits could affect the entire industry, according to Hannah Story Brown of the Revolving Door Project. She argued, "A blanket refusal is the only consistently ethical option for Alito when faced with any of these parallel cases."
