The Supreme Court on Monday told counsel that Justice Samuel Alito will not continue to participate in Suncor Energy Inc. v. County Commissioners of Boulder County, the climate-liability dispute set for argument on Monday, Oct. 5, the first day of the 2026-27 term [E1]. That notice is the Record for who sits. The forecast is that Alito remains off the bench on argument day: 0.78 that he does not take the case that morning. The competing reading of the same clerk line is that a recusal can be withdrawn, or the argument moved to a later sitting, before Oct. 5.
USA Today writes that the recusal raises the possibility of a 4-4 split [E2]. That is a downstream path if eight justices hear the case, not a second fact about Alito's seat. Settlement is yes or no on whether Alito is listed as sitting for Suncor when argument begins on 5 October 2026; look then, not in the interval. A later sitting or a second clerk notice that he will participate would break the call.