Captured Courts

In Seven County Infrastructure Coalition v. Eagle County, Colo., the Supreme Court will decide if the D.C. Circuit was wrong in rejecting an environmental review that only assessed the local impacts of a new Utah rail line under the National Environmental Policy Act (NEPA). A ruling in favor of the petitioners could eliminate the need for federal agencies and companies on federal land to study environmental impacts beyond immediate areas—a win for Big Oil and Gas. An oil company owned by Philip F. Anschutz, a former client of Justice Neil Gorsuch, operates dozens of oil wells in the Uinta Basin. This railway would connect the Uinta Basin to the national rail network. Our research suggests Justice Gorsuch should recuse himself due to Anschutz’s potential financial gain. Moreover, the oil and gas industry could make billions if NEPA is weakened. Justice Alito, who held significant oil and gas stocks as of 2023, could also benefit if these environmental reviews are rolled back. While stockholdings alone don’t require recusal, highlighting how Alito stands to gain is critical for transparency.

The upcoming Supreme Court case, Garland v. VanDerStok, focuses on a federal rule from April 2022 aimed at regulating “ghost guns” — unserialized firearm kits. The Court will hear oral arguments on October 8th, 2024. In late August, 27 Republican state attorneys general filed an amicus brief urging the Court to strike down the rule, despite opposition from nonpartisan law enforcement groups like the Major Cities Chiefs Association. Many of these AGs, who promote “tough on crime” policies, have connections to the gun lobby through the Republican Attorneys General Association, raising questions about their motives. Garland v. VanDerStok is the first in a series of judge-shopped cases challenging federal firearms regulations to reach the Supreme Court. Other cases, strategically filed in the conservative Fifth Circuit, challenge laws regulating forced reset triggers, stabilizing braces, and expanded background checks. This highlights the issue of judge shopping and its influence on the federal judiciary.

In United States v. Skrmetti, the Supreme Court will, for the first time, evaluate the science behind state bans on gender-affirming care for transgender youth, focusing on a Tennessee law passed in March 2023. Our research examines the medical professionals cited in Tennessee’s defense of the ban, revealing their connections to anti-LGBTQ groups, such as the Alliance Defending Freedom and the American College of Pediatricians. Additionally, we found that most of these experts have little to no direct experience working with transgender youth, with several even abandoning their chosen professions to pursue more lucrative careers as “expert witnesses” in anti-trans lawsuits.