A watchdog organization has called for Justices Samuel Alito and Clarence Thomas to recuse themselves from an upcoming Supreme Court case that may have significant implications for federal regulation. The group raised concerns about their connections to Leonard Leo, a prominent figure in conservative circles.

Case Overview: FCC v. Consumers’ Research

The case in question, FCC v. Consumers’ Research, centers on the legality of the Federal Communications Commission’s Universal Service Fund program. This program, critical for ensuring wide access to telecommunications services, is being challenged by a right-leaning organization seeking to declare it unconstitutional.

Analysts warn that if the Supreme Court upholds the federal appeals court’s decision to invalidate the program, it could mark a historical expansion of judicial influence, severely limiting governmental authority over various essential functions.

Concerns Raised Over Justices’ Relationships

In a report released by Accountable.US, the organization highlighted what it described as “significant conflicts of interest.” The report suggests that Justices Alito and Thomas have longstanding personal relationships with Leonard Leo, who is noted as a major supporter of Consumers’ Research.

Notably, Leo has played a key role in the confirmation of all six conservative justices currently on the Supreme Court and maintains close personal ties with Alito and Thomas:

• Justice Thomas has known Leo since the early 1990s, with their friendship extending to private travel and family engagements.
• Leo is the godfather to one of Thomas’ daughters, indicating a close familial bond.
• Justice Alito has shared personal trips with Leo, including a fishing excursion in Alaska, which was not disclosed at the time.

Implications of the Nondelegation Doctrine

According to the report, reviving the nondelegation doctrine—a legal principle traditionally limiting Congress from transferring its legislative power to federal agencies—could obstruct numerous government programs, including those related to consumer protection and social welfare.

Caroline Ciccone, president of Accountable.US, emphasized the importance of an independent judiciary, stating, “Americans deserve a legal system that isn’t influenced by billionaires and special interest backers pushing an agenda at the expense of working families.”

Call for Recusal and Public Trust

In addition to the report, advocacy groups including Take Back the Court and United for Democracy sent a letter to Chief Justice John Roberts, urging the recusal of Justices Thomas and Alito to preserve the integrity of the court.

Meagan Hatcher-Mays, a senior adviser at United for Democracy, remarked on the damage to public confidence caused by perceived corruption, stating, “It’s impossible for the American public to trust in Supreme Court rulings when this kind of glad-handing is taking place.”