Justice Neil M. Gorsuch has recused himself from a case that is set to be argued in days after ethics watchdogs and Democratic lawmakers urged him to step aside because the outcome will likely affect the financial interests of a billionaire to whom he has longstanding ties.
The terse disclosure, made in a letter from a clerk to the Supreme Court to lawyers involved in the case, did not specify a reason, saying only that the decision was “consistent with the code of conduct.” But the announcement, issued late Wednesday, was unusual for a case that the court agreed to take in June.
The case involves a proposed railroad in Utah and an environmental regulation governing the project. Neither the billionaire, Philip F. Anschutz, nor his companies are a party to the case. But the railway would provide better shipping service to an area of Utah where Mr. Anschutz has oil wells, so he could benefit from an outcome favorable to the railroad company.
And an oil and gas exploration company owned by Mr. Anschutz has filed a friend-of-the-court brief urging the justices to curtail the environmental rule at issue — a regulation his company must also obey when developing wells on leased public land. The brief says the rule has led to “absurd requirements” that cause “significant harms to the project developers and the economy.”
Justice Gorsuch’s recusal is particularly significant for two reasons. During his 2017 confirmation to the Supreme Court, his web of ties to Mr. Anschutz attracted attention, raising questions over whether he would step aside in cases involving the billionaire’s business interests. He appeared to leave that door open, despite having systematically sought to recuse himself from such cases as an appeals court judge.
