Washington Examiner

Reports raise ethical concerns about Justice Alito in Supreme Court news.

Supreme Court Justice Samuel Alito Faces Ethical Concerns Over Spouse’s Fossil Fuel Lease

Recent reports have raised ethical concerns surrounding Supreme Court Justice Samuel Alito and his spouse’s involvement in the fossil fuel industry. According to The Intercept, Alito’s spouse, Martha Ann Bomgardner Alito, leased a 160-acre plot in Oklahoma to oil and gas company Citizen Energy III. The lease agreement stipulated that she would receive a portion of the profits from fuel extraction.

While this lease does not present a direct conflict of interest to Alito’s work on the high court, it has sparked discussions about the justice’s connections to the fossil fuel industry. However, it is important to note that Citizen Energy III does not currently have any cases before the Supreme Court.

Alito’s Previous Decisions and Industry Backing

In the past, Justice Alito has made significant decisions related to environmental regulations. Last year, he joined five other Republican-appointed justices in a 6-3 decision known as West Virginia v. EPA, which limited the Environmental Protection Agency’s authority to regulate greenhouse gas emissions from power plants.

This year, Alito also wrote a unanimous decision in Sackett v. EPA, which scaled back the Clean Water Act. This decision was supported by various groups with interests in the energy industry, including the American Gas Association, the American Petroleum Institute, and the Liquid Energy Pipeline Association.

These decisions, combined with Alito’s spouse’s involvement in the fossil fuel lease, have raised concerns about potential biases and conflicts of interest.

Alito’s Connections to Law Firm Cooper & Kirk

Furthermore, Justice Alito has faced scrutiny regarding his ties to law firm Cooper & Kirk. The firm is currently defending North Carolina’s gerrymandered map in a pending case called Moore v. Harper. Alito has a longstanding friendship and professional relationship with Charles Cooper, the firm’s chairman and founding partner.

Accountable.US, a center-left advocacy group, has highlighted Alito’s connection to Cooper & Kirk, stating that Cooper recruited Alito as his Deputy Assistant Attorney General during the Reagan Administration and remained friendly with him afterward. Additionally, one of the attorneys representing the plaintiffs in the Moore case, Megan Wold, previously served as a law clerk to Alito.

Supreme Court Ethics and Recent Controversies

The Supreme Court does not have an enforceable ethics code, unlike other federal courts. Justices are required to file financial disclosures under the Ethics in Government Act, but the decision to recuse from cases is discretionary. However, the justices do consult the same rules as lower court judges.

Justice Alito’s ethical concerns come in the wake of similar controversies involving other Republican-appointed justices. ProPublica previously reported undisclosed gifts and financial support to Justice Clarence Thomas by wealthy GOP donor Harlan Crow. Justice Neil Gorsuch also faced scrutiny for an undisclosed property sale to a lawyer with business before the court, and Chief Justice John Roberts faced inquiries regarding his wife’s employment as a legal recruiter for lawyers who often argue before the high court.

These recent controversies have sparked discussions about the need for clearer ethical guidelines and transparency within the Supreme Court.



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