Drill Baby Drill
From the intercept: SAMUEL ALITO’S WIFE LEASED LAND TO AN OIL AND GAS FIRM WHILE THE JUSTICE FOUGHT THE EPA (June 26, 2023)
A YEAR AGO this month, Martha Ann Bomgardner Alito decided to see if a 160-acre plot of land in Grady County, Oklahoma, would produce. In a lease filed with the Grady County clerk, the wife of Supreme Court Justice Samuel Alito entered into an agreement with Citizen Energy III for revenue generated from oil and gas obtained from a plot of hard scrabble she inherited from her late father. It is one of thousands of oil and gas leases across Oklahoma, one of the top producers of fossil fuels in the United States.
Last year, before the lease was activated, a line in Alito’s financial disclosures labeled “mineral interests” was valued between $100,001 and $250,000. If extraction on the plot proves fruitful, the lease dictates that Citizen Energy will pay Alito’s wife 3/16ths of all the money it makes from oil and gas sales.
In the past, Alito has often recused himself from cases that pose potential conflicts of interest with his vast investment portfolio. Many of these recusals were born from an inheritance of stocks after the death of Alito’s father-in-law, Bobby Gene Bomgardner. Because Citizen Energy III isn’t implicated in any cases before the Supreme Court, Alito’s holding in Oklahoma doesn’t appear to pose any direct conflicts of interest. But it does add context to a political outlook that has alarmed environmentalists since Alito’s confirmation hearing in 2006 — and cast recent decisions that embolden the oil and gas industry in a damning light.
“There need not be a specific case involving the drilling rights associated with a specific plot of land for Alito to understand what outcomes in environmental cases would buttress his family’s net wealth,” Jeff Hauser, founder and director of the Revolving Door Project, told The Intercept. “Alito does not have to come across like a drunken Paul Thomas Anderson character gleefully confessing to drinking our collective milkshakes in order to be a real life, run-of-the-mill political villain.”
In Slate Magazine, Dahlia Lithwick and Mark Joseph Stern wrote about raising the Stop the Steal upside-down flag after the failed violent coup against the United States.
The Smallest Justice Who Ever Lived
None of the Alitos’ explanations so far even attempt to explain why Martha-Ann landed on this gesture, out of all the possibilities, to further upset and provoke her progressive neighbors. Readers are also left to guess at the true origin of the conflict; are we really supposed to think that the neighbors picked this fight unprovoked, and the Alitos are completely blameless? The justice’s defenders are scrambling to muddy the waters with some alternate explanation, but the truth is crystal clear, and unrefuted by the Alitos themselves: That flag was hung upside down to piss off some libs. At best, Martha-Ann Alito was trolling her neighbor by professing a militant belief that Biden stole the election; at worst, she held that belief sincerely.
Let’s be clear that everything these neighbors stand accused of doing is obviously protected speech under the First Amendment. There is no allegation of genuine harassment or true threats; these people just wanted to express displeasure toward a very public figure and his somewhat public wife. And though Alito seems to believe that he and his wife were within their rights to fight back against an irritating neighbor, the staff who work under Alito at SCOTUS would have no such luxury. The Times piece lays out the strictures on court employees that ban political signs and bumper stickers, “partisan political activity,” and even “nonpartisan political activity” that “could reflect adversely on the dignity or impartiality of the court.”
The court would not say whether the rules that censor its staff also apply to the justices. But Alito must know how terrible it looks for his own household to breach the decorum requirements imposed on the people who work for him. The very idea that the neighbors’ unkind words forced the Alitos to violate the network of rules that prevent shows of bias is just a variation on last year’s defense that a comped seat on a private jet is not subject to disclosure rules because it would have been vacant otherwise.
So when Alito throws his wife under the bus—the flag was “briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs”—he’s issuing another justification: He gets to break the rules because she was in a fight with the neighbors. He gets to break the rules because the seat on the plane was otherwise unoccupied. He gets to break the rules because the rules are always trying to trip him up and catch him out
snip
The justice’s perpetual victimhood mentality, which shines through in his opinions and interviews and myriad grievance-laden speeches, has now literally reached his own front yard. The Alitos are not here fighting some vitally important civic-minded battle about the nature of freedom or democracy. No. This is, as Alito concedes, just payback because of a lawn sign and a bad word. Presumably, fourth-period detention and a note home to the neighbors’ parents were not an option.