Watchdogs Urge Alito and Thomas to Recuse in Key Regulatory Case

The case, Federal Communications Commission v. Consumers' Research, seeks to revive the long-dormant nondelegation doctrine. Legal observers warn that a ruling in favor of the challengers could strip federal agencies of their ability to manage consumer protections, Social Security, and Medicare. Accountable.US identified Leonard Leo, a central figure in the conservative legal movement, as a primary benefactor of the organization bringing the suit.

The report details extensive personal history between Leo and the two justices. Leo has maintained a decades-long friendship with Thomas, which includes private travel and hosting the justice at his Maine residence. Similarly, Alito has accepted luxury travel from Leo, including a private fishing excursion to Alaska that went undisclosed. Caroline Ciccone, president of Accountable.US, argued that these relationships create an unavoidable conflict of interest, stating that the public cannot trust the court to rule impartially when justices are deeply entwined with the financial backers of the litigation. Alongside groups like Take Back the Court and United for Democracy, advocates have formally petitioned Chief Justice John Roberts to address these ethical lapses.