Dec 5, 2024, 12:00 AM
Dec 5, 2024, 12:00 AM

Justice Gorsuch steps back from case tied to billionaire Philip Anschutz

Highlights
  • Justice Neil Gorsuch faced pressure to recuse himself from a Supreme Court case due to his ties to billionaire Philip Anschutz.
  • The case could impact a Utah railway project beneficial to Anschutz's oil interests, although he is not a direct party.
  • Gorsuch's recusal marks a rare instance of a Republican-appointed justice acknowledging ethical concerns amid scrutiny.
Story

On a recent day, Justice Neil Gorsuch of the United States Supreme Court recused himself from an upcoming case after facing pressure from ethics watchdogs and Democratic lawmakers. The case, which was set to be argued shortly, could significantly benefit Philip F. Anschutz, a Colorado billionaire with longstanding connections to Gorsuch. While Anschutz and his companies were not direct parties in the case, the potential ruling could affect a railroad project providing shipping services to an area in Utah where Anschutz holds oil wells. An oil and gas exploration company owned by Anschutz filed a friend-of-the-court brief urging the justices to limit the environmental rule being contested, a regulation that impacts his company’s operations on leased public land. The brief criticized the rule as imposing “absurd requirements” that have resulted in “significant harms to project developers and the economy.” Gorsuch’s decision to recuse himself is especially noteworthy given the history of scrutiny surrounding his ties to Anschutz, which had generated concerns during his 2017 Supreme Court confirmation process. The controversy intensified following a letter from a coalition of ethics and watchdog groups, which urged the Supreme Court's Chief Justice John G. Roberts Jr. to act. This letter highlighted how Gorsuch's continued involvement in the case could lead to questions about his impartiality. Despite a general hesitation among justices to recuse themselves, Gorsuch's choice marks a rare instance of a Republican-appointed justice publicly citing ethical standards in such a manner, a trend more commonly seen among justices appointed by Democratic presidents. The ethics surrounding recusal decisions at the Supreme Court level differ significantly from those at the appeals court level, where justices often face replacement if they step aside. Typically, recusals occur because of personal financial conflicts, such as ownership of stocks or previous presiding over the case. In Gorsuch’s situation, however, the ties are based on longstanding professional and social connections to Anschutz. Gorsuch’s ties include representing him in legal matters in earlier years and participating in social events associated with Anschutz, such as his annual dove hunting gatherings. The scrutiny surrounding these relationships has raised concerns about the influence of billionaires and special interests on the Supreme Court's integrity, a matter that continues to be a significant issue for public trust in the judiciary.

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