Justice Samuel Alito’s recusal from a closely watched climate liability case has renewed attention on how Supreme Court recusals can alter the makeup of the Court and potentially influence the outcome of major disputes. The case also highlights the challenges of predicting outcomes in federal preemption cases, where the Court often must balance state authority against federal regulatory interests.
Bracewell’s Peter Siegal told Politco it’s hard to predict votes in preemption cases because they often rely heavily on fact patterns and involve balancing competing concerns in areas like state powers and regulation.