Clarence Thomas just exposed Boulder's plaintiff prosecuting its Suncor Energy case. (Boulder wants to sue energy companies for their ostensible impact on the climate.)

Clarence Thomas just exposed Boulder's plaintiff prosecuting its Suncor Energy case. (Boulder wants to sue energy companies for their ostensible impact on the climate.) Thomas got Boulder's attorney to admit that if he prevails, they could just as easily sue local gas stations. Justice Thomas: "If you prevail, is there a limiting principle to whom you can suit?" Kevin Russell: "There are a number. There are constitutional limitations ... The question here is not whether anything in the Constitution prohibits this lawsuit but whether specific theories they raised in the Colorado Supreme Court past are valid." Thomas: "So you could just as easily sue large retailers of these products?" Kevin Russell: "Nothing in the Constitution prevents that." Thomas: "But nothing in our theory prevents that?" Russell: "Nothing in our theory prevents that. In terms of when lots of people act together to cause widespread harm, there can be multiple defendants liable."

— Tom Elliott (@tomselliott) October 5, 2026