On Sept. 28, Justice Samuel Alito stepped out of a major climate case, and Fox News’s opinion page pinned a medal on him for it. The headline: “Justice Alito blazes the ethical path the Supreme Court should take” [1]. The column’s own verb for the act is “commended”: Alito “should be commended for avoiding even the appearance of a personal interest or a conflict in the case” [1]. But the official record underneath is smaller than the tribute. The clerk’s letter, as the column itself reports, says only that Alito “will not continue to participate” in Suncor Energy Inc. v. County Commissioners of Boulder County, and “the letter did not give a reason” [1]. No reason was given. What the letter withholds, the headline supplies: ethics, blazing, a path. That is the trade this column makes all the way down. Official silence, filled with applause.
The people who vanish from the sentences
Start with the sourcing, because the sourcing is the argument. “Critics had called for Alito’s recusal due to his financial interest in energy companies which could benefit from the decision” [1]. Which critics? Not named. “That included 30 organizations which jointly asked the Senate Judiciary Committee to investigate his involvement in the case” [1]. The column can count the critics but not name them. “Alito was believed to be on the side of barring such actions” [1]. Believed by whom? And the centerpiece: “the court responded to media inquiries by declaring that Alito had no financial interest in any party to the case and that legal counsel had told him that there is no need to recuse himself” [1]. No named official issued the declaration; no counsel is identified; the institution being questioned vouches for itself, in a sentence with no author.
This is Orwell’s passive voice doing load-bearing work. The grammar performs the vanishing: the actor disappears from the sentence, and what remains is a fact floating free of anyone who produced it. The reader cannot check the court’s statement, weigh the counsel’s advice, or assess the critics’ case, because all of them have been grammatically deleted. What is left to evaluate is Alito’s gesture, unmoored. And a gesture, evaluated alone, is easy to applaud.
A denial built to look bigger than it is
The court’s declaration, as quoted, is precise: “no financial interest in any party to the case” [1]. The column then concedes that “he appears to have investments in other energy companies” [1]. (That concession appears twice, in a paragraph repeated verbatim; more on the assembly artifacts below.) So the denial is true about the parties and silent about the sector. A narrow fact is doing broad reassurance work: a skimming reader hears “no conflict,” while the actual conflict, energy holdings that could benefit from a ruling barring climate suits, sits one paragraph later, wrapped in the fog of “appears to.”
The strangest part is that the column knows the records are public. It states that justices “file publicly available financial disclosure statements” [1], then declines to consult them, leaving the holdings as atmosphere rather than named assets. The information exists; the vagueness is chosen. That is Newspeak at its quietest, not its loudest: precision about what does not matter (the count of critics, 30) and fog around what does (which companies, how much).
One more detail the column steps over: per its own reporting, the court’s legal counsel told Alito “there is no need to recuse himself” [1], and he stepped aside anyway. Turley frames overruling the advice as extra virtue. What it also reveals is the standard the court applies internally: a party-specific conflict test, nothing broader. An energy-sector conflict passed the court’s own test. That is the scandal inside the sentence, and the column treats it as a footnote to the medal ceremony.
The headlines that argue by adjacency
The column’s body is bracketed by embedded link headlines doing ideological work the argument never has to do: “SUPREME COURT CAN RESTORE SANITY AND STOP THE LEFT’S RADICAL CLIMATE AGENDA” [1]. And, for symmetry, “CONSERVATIVE GROUPS SAY JUSTICE KAGAN CANNOT BE IMPARTIAL IN UPCOMING SUPREME COURT CLIMATE LITIGATION” [1]. The Kagan link is the both-sides pivot: the specific, documented question (Alito’s actual energy holdings) dissolves into a general partisan tit-for-tat in which everyone is accused and nothing is checkable. Nearby, “JUSTICE NEIL GORSUCH BREAKS SILENCE ON VIOLENT THREATS AGAINST JUDICIARY, SUPREME COURT LEAKS” [1] supplies the Huxleyan counterweight: sensation and tribal urgency, the feeling that the real story is the danger to judges rather than the judges’ portfolios.
Even the case analysis is scored like a match: “It is now down to eight justices, so a single loss of another conservative could result in a 4-4 tie” [1]. A “loss” of a conservative. The bench as a roster, recusal as a casualty. Once the frame is partisan scorekeeping, the underlying question (should a justice hold energy investments while ruling on energy liability?) never quite gets asked.
The reassurance loop
The column’s signature move is its circularity. “This is not to cast aspersions on the justices. These recusals show that members, including Alito, are cognizant and committed to avoiding even the appearance of a conflict of interest” [1]. Read it twice: the recurrence of conflicts is offered as evidence of the commitment to avoiding conflicts. The problem’s persistence is repackaged as proof that the solution is already working. By that logic every future recusal is another data point for virtue, and the day one is needed but never comes has no category in the piece.
Then comes the destination. “While legislation has been introduced along these lines, it would be simpler for justices to voluntarily adopt this practice” [1]. The column walks to the edge of structural reform, announces that legislation exists, and escorts the reader back to asking nicely. The closing pun delivers the sedative: “you have to do justice, which is only fully possible if your investments, like justice itself, are blind” [1]. It is a lovely sentence. That is the point. The reader leaves satisfied, having enjoyed the aphorism instead of demanding the mechanism. Huxley’s citizens did not lack information; they lacked the appetite to use it, because pleasure was always closer to hand.
To be fair, and fairness sharpens this critique: Turley names the problem more directly than most coverage would, and the blind-trust proposal (“The solution is simple: Justices need to use blind trusts” [1]) is substantive. But the packaging converts a structural argument into a mood. Admiration, gently applied, is the soma here.
What a reader would need instead
- The named holdings. The disclosures are public, as the column itself says [1]. A reader deserves the actual list of energy companies Alito holds, not “appears to have investments.”
- The named critics. Thirty organizations asked the Senate Judiciary Committee to investigate [1]. Who they are, and what the committee did next, is the story’s spine, and it is absent.
- A reason-free letter treated as a fact, not a canvas. “The letter did not give a reason” [1]. A column that fills official silence with a flattering motive should say so, and put the other candidates (optics, pressure, timing) on the table instead of headlining one.
- The context the column never surfaces: the Court adopted a Code of Conduct in November 2023, and Alito’s recusal follows two years of ethics reporting on undisclosed trips and gifts, including an Alaska trip with hedge-fund manager Paul Singer. None of that appears in the piece; the reader must bring it from elsewhere, which is precisely how a self-policing story stays soothing.
- The institutions to watch: the Senate Judiciary Committee, already seized of the matter by the column’s own reporting [1], and the disclosure filings themselves, which any reader can pull. The accountability trail exists. The column just declines to walk it.
