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Reason
Reason
Environment
Jonathan H. Adler

Justice Alito Gives a Fuller Explanation of His Suncor Recusal

The latest edition of the Wall Street Journal's Potomac Watch podcast is an interview with Justice Samuel Alito (who, if you have not noticed, has a new book to promote).

There are quite a few interesting tidbits in the interview, and it covers some ground not included in Jan Crawford's CBS News interview (and vice versa).

One part of the interview of particular interest to me was Justice Alito's discussion of how he came to recuse in Suncor Energy v. Boulder County. It seems to suggest that the claims made by the petitioners (and their allies) about the potentially catastrophic effects on the oil and gas industry of an adverse ruling in Suncor may have convinced Justice Alito that he needed to recuse, even though he does not own stock in any of the companies that are part of the case. I think such claims are overstated, but they have resulted there being one less justice sitting who is inclined toward preemption arguments of the sort in play here.

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