Supreme Court Justice Faces Recusal Calls Over Ties to Colorado's Richest Man

United States Supreme Court Justice Neil Gorsuch is once again facing public scrutiny for his relationship with Colorado billionaire, Philip Anschutz.

Critics hosted a press call on Thursday, October 3, demanding that Gorsuch recuse himself from an upcoming Supreme Court case they say presents a conflict of interest because of his ties to Anschutz. The Seven County Infrastructure Coalition v. Eagle County, Colorado case will determine whether federal agencies must consider indirect and cumulative environmental impacts when reviewing proposed projects, such as oil and gas drilling operations.

Anschutz's oil and gas company, Anschutz Exploration, filed an amicus brief in the case, arguing that the National Environmental Policy Act does not require agencies to consider environmental impacts beyond their jurisdiction. The brief said broader reviews lead to "absurd requirements" and "significant harms" to project developers like Anschutz Exploration.

“If Justice Gorsuch hears this case, it really puts the entire system into question," said Caroline Ciccone, president of the watchdog group Accountable.US, during Thursday's meeting. “Americans should have full confidence in the impartiality of the justices who are hearing this case. We cannot have that confidence when Justice Gorsuch has not recused himself."

The Denver-born justice's relationship with Colorado's richest man has been well documented since Gorsuch was appointed to the nation's highest court by former president Donald Trump in 2017.

That year, the New York Times reported that Gorsuch previously represented Anschutz and his companies as an outside counsel, and that Anschutz lobbied the Bush administration to nominate Gorsuch to the federal appeals court. Gorsuch often attended and spoke at Anschutz's annual dove-hunting retreats, according to the Times, and Gorsuch owned a vacation home property with two of Anschutz’s top business lieutenants.

Because of these personal links to Anschutz, Accountable.US unsuccessfully urged Gorsuch to recuse himself from Loper Bright Enterprises v. Raimondo earlier this year, noting the case's impacts on shaping the implementation of environmental protection and energy policy that would affect the operation of Anschutz's oil business.

“This kind of conflict wouldn’t exist anywhere else in American life — not between a reporter and a source, a judge and a suspect, or in a private business," Ciccone said. "There’s no doubt that there should be some separation here. Unfortunately, as we have seen in the past few years, the Supreme Court has proven that they are unwilling to follow those sets of rules that everyone else lives by.”

Representatives for Gorsuch and Anschutz did not respond to requests for comment from Westword.

Gorsuch has disqualified himself from Anschutz-adjacent cases in the past. During his time as a judge for the U.S. Court of Appeals for the Tenth Circuit, he recused himself from a 2011 case involving the Anschutz Company; the judgement upheld a tax court decision to hold the company responsible for substantial income tax deficiencies.

According to Accountable.US's count, he made similar recusals in 44 cases involving Anschutz's companies or investments before entering the Supreme Court.

The Supreme Court's code of conduct specifies that justices are not required to disqualify themselves over the filing of an amicus brief (which Anschutz Exploration filed in this latest case). But critics argue Gorsuch's relationship violates the code's other guideline: that justices should recuse themselves when their "impartiality might reasonably be questioned."

“We have all gotten quite an education in the last couple of years about how shockingly, comically, tragically low the ethical standards on the highest court of the land are," said Doug Lindner of the League of Conservation Voters, an environmental advocacy group. “Now we have yet another case backed by yet another fossil fuel billionaire to undermine yet another core protection for our environment, our health and our safety. And yet another MAGA justice with financial ties to big oil.”

Thursday's call for Gorsuch's recusal also featured Democratic Congressman Hank Johnson of Georgia, who described the current Supreme Court as “unaccountable, arrogant, reckless and out of control.”

"It’s sad that we have reached this point where we have a United States Supreme Court that is thoroughly corrupt by money," Johnson said. "They rule in the favor of the special interests who have wined and dined them. That’s what we have coming up with this Seven County Infrastructure Coalition v. Eagle County, Colorado case.”

Leaders of Accountable.US say they have not received any responses from Gorsuch or the court about his recusal.

Seven County Infrastructure Coalition v. Eagle County, Colorado is scheduled to be argued before the Supreme Court during the 2024-25 term, which begins on Monday, October 7.