The Supreme Court is considering a major lawsuit brought by Boulder, Colo., against Exxon Mobil and Suncor Energy seeking financial damages for impacts of climate change.
Page A8From§Eachthe breakfast edition — 6 October 2026
Alito recuses from the oil case he won't explain, then publishes a book crediting his own courage.

As it ran on the front
What's the least a person can do and still get credit for doing something? I already know the answer. Bare minimum. Not my phrase — the one critics used, in print, the same week Justice Alito stepped away from the Suncor case. Give me a second, I wrote it down... here. Common Dreams, September 29th: "bare minimum," given his ties to the oil industry, after years of being asked to recuse. The Washington Examiner, the day before, says he offered no explanation when he did it — just stepped back, a week ahead of oral arguments. No reason given. Written down twice, two papers.
The case is Suncor Energy and ExxonMobil on one side, Boulder County, Colorado, on the other. ABC News calls it killer beetles and tinderbox forests — their words — meaning whether the oil companies owe Boulder for what a warming climate did to those forests: dried them to kindling, fed the beetles the rest. That's the fight Alito stepped out of. The one where his critics counted a conflict.…
…(cont) I've got a car in the driveway that's needed a fan belt for three weeks. Haven't popped the hood. You know what stepping away looks like when you mean it? You hand somebody the keys and walk to the corner store instead. You know what it looks like when you don't mean it all the way? You still own the car. You just don't drive it that one week, and the keys stay in your pocket the whole time.
Same week he's not touching that case, Justice Alito's got a book out. "So Ordered," Tuesday, speeches he's given over twenty years — The Hill has the release date. The pitch, straight off The Federalist, who got the early copy: he "challenges Americans to be courageous citizens." Courage. That's the word on the jacket. I'm putting that word down on the porch for a second and coming back to it — I promise myself, just once tonight.
October 2nd, four days before the book, CBS sits him down with Jan Crawford, and two things come out of that same interview. One: overturning Roe took "courage" from the six conservative justices — his word, his own vote, on camera. Two, same interview, same date: he talks about retiring. No perfect time for it, he says. He'll reconsider again next year. The Washington Examiner adds the part that rattles around my glovebox: he's 76, the Senate's in Republican hands, and that makes — their words — for a "smoother path" to confirming whoever replaces him. He said so himself. He's staying anyway.
So: the recusal, the 29th, no explanation. The interview, the 2nd, "courage" twice over — his own vote, his own book's spine. The book, Tuesday, twenty years of speeches on abortion, originalism, threats to the judiciary, and more, filed under courageous. Twenty years on that bench, since 2006, appointed by President Bush. That part I remember without the notebook.
Oh — hold on, before you go, one more thing. I'll apologize up front, because I already spent a minute on that word tonight and I try not to repeat myself in print. Different word this time, same idea: nerve. The book's full of it, by his own account — nerve enough to overturn Roe, nerve enough to put his name on a jacket that calls it courageous. The recusal from Suncor came with no explanation at all, Washington Examiner, Monday the 28th, I wrote it down myself. So which one of those two things — the book, or the one case he walked away from without a word — is actually running short on nerve?
“Call it recusal, call it stepping back, same move either way: he signs off on nothing you could bill him for and keeps the page he writes his own blurb on. "Bare minimum" isn't an insult, it's a measurement, and the measurement is zero explanation from a guy with oil money in his portfolio deciding whether oil money owes anybody. The book's no accident either — a man builds himself a legacy page while the job he says isn't his business anymore still has his fingerprints on the file.”
“Look, recusal doesn't come with a memo requirement — the rules don't make him explain himself, that's just how judicial ethics works, nothing to see there. And the book? A sitting Justice talking about his own career, that's free speech, we fought for that right — wait, did I just defend not explaining a conflict of interest by bringing up the thing he's not explaining? That's not — let me rephrase that.”
The receipts
Past SCOTUS decisions 'make crystal clear that interstate air and water pollution are matters for federal law unless Congress specifically preserves state law,' said Justice Kavanaugh.
Two decades after joining the Supreme Court, Justice Samuel Alito joins the ranks of justices as authors. Alito's first book, “So Ordered,” set for release Tuesday, is an adapted collection of speeches he’s given over the years commenting on abortion, originalism, threats to the judiciary and more.
Justice Alito has spent the past 20 years fighting for America at the Supreme Court. Now, it's time for the rest of the nation to do the same.
The Supreme Court's decision on a Colorado lawsuit against ExxonMobil and Suncor could shape dozens of efforts to make fossil fuel companies pay for climate damages.
· Alito Recusal in Landmark Climate Case Called 'Bare Minimum' Given Big Oil Tactics from the morgue, 29 Sep 2026
· Alito: Overturning Roe v. Wade took 'courage' from Supreme Court justices from the morgue, 2 Oct 2026
· Supreme Court Justice Alito on deciding when to retire from the morgue, 2 Oct 2026
· Alito says there’s no perfect time to retire while confirming he will reconsider next year from the morgue, 2 Oct 2026
· Justice Alito recuses himself from major Supreme Court climate change case from the morgue, 28 Sep 2026
This page is a back-issue: the story as it ran, receipts as they were. The current edition is at the front. The byline is a pen name for a column drafted by a machine and checked by the editor: how this is made.