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Top October Prime Day fashion deals: 67% off Levi’s jeans, $13 Hanes hoodies and more
Amazon’s October Prime Day is here, and fashion deals are live. Save on fall layers, everyday basics, shoes and accessories from recognizable brands, including steep discounts on classic Levi's jeans, Calvin Klein handbags, Hanes hoodies and more.
READ MORE: October Prime Day is one week away — 12 things worth buying and the early deals to shop
Shop major savings on everyday Hanes staples.
Original price: $27
The bestselling Hanes hoodie is a FOX reader-favorite and its Prime Day deal has it at just $13 right now. It’s a versatile fall piece that works well alone and as a solid layer under jackets when evenings turn chilly.
Original price: $26
While women can easily grab the men's version for themselves, the classic Hanes hoodie also comes in a women’s version. It’ll quickly become a closet staple this fall and the price makes it easy to grab several for the whole family.
Refresh your denim lineup with Prime Day savings on classic and trend-forward Levi’s jeans.
Original price: $84.95
Save $42 on a classic pair of Levi’s. The 501 is known as the original blue jean and has been a wardrobe classic since 1873. The classic straight-leg style is made from durable denim that softens and develops a broken-in feel with wear.
Original price: $84.95
Lean into the ‘90s-inspired denim trend with the 94 Baggy wide-leg Levi’s. Normally $85, it’s only $28 right now for Prime Day. The pair has a loose, relaxed fit that’ll look great with boots. Shoppers who want a straighter shape can opt for the 94 Baggy jeans, currently 57% off.
READ MORE: Amazon weekend deals: 40% off DuroMax generators, $120 off Dyson vacuums, $53 lined Crocs and more
Original price: $74.95
Inspired by vintage Levi’s styles, the 505 Regular Fit has a classic straight-leg cut with extra room for a relaxed feel.
Save on comfortable everyday shoes, walking sneakers and athletic styles from popular brands.
Original price: $139.95
These Brooks running shoes are marked down to just $100, a solid price for the brand. They pair soft, cushioned foam with a breathable mesh upper for a comfortable, lightweight feel on walks or runs.
Original price: $59.99
These Chelsea ankle boots feature a chunky heel that’s only 2.3 inches, making it painless for long fall walks and trips. The design and lug sole give it a sturdy fall look that works for everyday wear. Elastic side panels and a heel pull tab make them easy to slip on and off, no zippers or laces to deal with.
Original price: $75
Slip these Skechers loafers on and off quickly with the lace-free design. The breathable canvas upper is built for everyday wear, while a memory foam footbed adds cushioning for long days on your feet.
READ MORE: Early October Prime Day Apple deals: $39 off the AirPods Max, $10 iPhone 18 Pro cases and more
Layer up for cooler weather with deals on fall-ready staples.
Original price: $70
Stay dry and keep away the rain on fall hikes, camping trips and everyday errands with this Columbia rain jacket, which is nearly 50% off in black this week. The hood packs down when the weather clears, while Omni-Shield technology helps repel moisture and dry quickly.
Original price: $39.99
It’s easy to stay cozy during fall with an oversized hoodie, made from a soft cotton-polyester blend for warmth. The relaxed fit makes it an easy pick for casual fall outfits, errands and lounging.
Original price: $31.99
Pack a lightweight rain jacket for travel, hiking or everyday commutes when the forecast looks iffy. The waterproof, windproof shell on this one has a relaxed fit, adjustable hood and packable design that makes it easy to stash in a backpack or suitcase.
Shop discounts on brands like Calvin Klein for work, travel and beyond this October Prime Day.
Original price: $178
Get $103 off this structured faux leather Calvin Klein satchel with multiple compartments for staying organized. It also has an exterior zip pocket for your phone. The taupe and black are currently 58% off while the other popular colors are 50% off.
READ MORE: StackSocial refurbished and open-box deals: Save up to 82% on MacBooks, iPads and more
Original price: $29.99
Carry everyday essentials in a quilted crossbody bag that’s comfortable and water-resistant. It has an adjustable strap, is roomy enough to fit a 13-inch iPad and a small water bottle and comes in multiple stylish colors.
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Original price: $17.99
Keep toiletries organized on your next fall trip with a hanging toiletry bag. It has multiple compartments for separating bottles, makeup and essentials, plus a built-in hook that lets you hang it up when bathroom counter space is limited.
If you're an Amazon Prime member, you can get these items sent to your door ASAP. You can join or start a 30-day free trial to start your shopping today.
Rabbi who worked on Adam Brody's Netflix show slams actor over Gaza comments
Adam Brody, who stars as Rabbi Noah Roklov in Netflix's "Nobody Wants This," recently made waves with his comments on the situation in Gaza, prompting criticism from a real-life rabbi who was a consultant on the show.
When asked about his stance on Israel and Gaza in a recent interview with GQ, Brody said, "Put me down as thinking it's a genocide. Put me down as wanting a free Palestine. It's awful that it's taken so much death and misery, but it does feel like it's reaching a breaking point that it should have a while ago."
Brody's remarks caught the attention of Rabbi Steve Leder, a Los Angeles-based rabbi who served as a consultant on the first season of "Nobody Wants this." Leder, who advised production on the show's portrayal of Judaism and Brody's role as a rabbi, posted a video to Instagram slamming the actor for his "flippant" remarks.
"The flippancy was adding insult to injury, in my opinion, and needed to be addressed," Leder told Fox News Digital about why he posted the video to social media. "That is a word and that is a geopolitical situation that warrants anything but flippancy."
'NOBODY WANTS THIS' STAR ACCUSES ISRAEL OF 'GENOCIDE'
Leder emphasized that the word "genocide" has a specific definition and that Brody's use of it to describe what happened in Gaza was inaccurate. He quoted the United Nations' definition of genocide, which says the term is meant to describe a situation in which specific acts are carried out "with intent to destroy, in whole or in part, a national, ethnical, racial or religious group."
"Israel's war is against Hamas. It is not against a nationality, it is not against an ethnicity, it is not a race, it is not against a religion," Leder told Fox News Digital. "There are many nationalities, ethnicities, races and religious people of various faiths living in Israel, comprising Israel's neighbors, and Israel has not and would not attack anyone for any of those reasons."
The rabbi said that his main issue with Brody's remarks was that the actor presented his opinion as fact.
"This is where I felt that Adam Brody went terribly wrong. He presented an opinion as a fact. And that is a mistake for any of us who are in the public eye," Leder said.
In the show, Brody plays a rabbi who falls in love with an agnostic woman played by Kristen Bell, which is loosely based on the real-life romance between "Nobody Wants This" creator Erin Foster and her husband, Simon Tikhman.
BILL MAHER RIPS MACKLEMORE'S GAZA STANCE, SAYS CELEBRITY 'MORAL CONFUSION' IS FUELING ANTISEMITISM
Brody is far from the first Jewish celebrity to decry Israel's actions in Gaza as "genocide." Hannah Einbinder of "Hacks" and "Broad City" star Ilana Glazer have also been vocal critics of Israel.
Leder told Fox News Digital that "they can say whatever they want as long as they acknowledge it's an opinion and not a fact."
The rabbi explained that in Brody's case he felt compelled to respond because of the role he played in the production of "Nobody Wants This," which was deeply tied to Jewish representation on screen.
Another element that added to the controversy over Brody's remarks is the fact that he plays a rabbi and has introduced many to Jewish culture through that role. Leder said it made the situation "doubly heartbreaking."
MS RACHEL SAYS SHE WON’T WORK WITH ‘PRIVILEGED’ PEOPLE WHO STAY SILENT ON GAZA
"Actors are not their roles, and we all understand that, they're acting. But in the minds of the public, in the mind of much of the pubic, it's sometimes hard to separate those two things," he said. "And when you have someone who is imagined — and I use that word deliberately — imagined to be an authority presenting opinions as facts, it's doubly painful."
Leder said public figures should stay away from discussing topics that they don't know enough about. In the video he released shortly after Brody's interview with GQ, Leder said, "If you know nothing about something, you should say nothing."
Abdul El-Sayed confronted on Soros ties after ridiculing politicians for taking corporate money
Michigan Democratic Senate nominee Abdul El-Sayed was challenged over his ties to billionaire Democratic mega-donor George Soros after criticizing his Republican opponent Mike Rogers for accepting money from corporations.
"There's a big difference there," El-Sayed said during an exclusive interview with "The Story" Monday.
El-Sayed’s graduate education was partially funded by the Paul & Daisy Soros Fellowships for New Americans and George Soros’ wealthy nephew, Jeffrey Soros, hosted El-Sayed at a Los Angeles fundraiser last month, according to footage reviewed by Fox News Digital.
As El-Sayed campaigns on a pledge to get "money out of politics," he was pressed by anchor Martha MacCallum on Monday about whether his relationships with wealthy donors undercut that message.
"When individuals want to give to my campaign, I welcome their support," he said, defending his relationship with the Soros family.
MICHIGAN SENATE HOPEFUL CALLS AIPAC DONATIONS 'LEGALIZED BRIBERY,' REMAINS SILENT ON OTHER DONATIONS
"You know what I don't do? I don't call corporations. I don't call AIPAC… Individuals who want to support a campaign, that's different."
The Soros family’s political machine has dumped millions into political committees that are supporting El-Sayed’s run for Senate.
El-Sayed maintained that "corporations shouldn’t buy politicians," arguing that accepting support from wealthy individual donors is different from soliciting corporate money.
"Here's the difference. When you take their money and then you're ... in a position to govern on their issues, [and] guess what happens? You turn a blind eye. You vote 19 times to keep prescription drug prices high."
EL-SAYED GRILLED ON PIKER, ISRAEL AND SOCIALIST TIES AFTER MIKE ROGERS SKIPS SENATE DEBATE
El-Sayed was further challenged about the $30 million pledged by the Senate Majority PAC to help him get elected.
"Do you know where that money comes from?" MacCallum asked. "It comes from corporations… you don't think that those interests, those people are going to circle back around to you in Washington and say, 'So, senator, we gave this much money…’"
The Michigan Democrat insisted the groups supporting his candidacy "won’t" come back looking for votes in return.
"They won't, because I've been very, very clear that I am not interested in doing the bidding of corporations. I will not sit down with a corporate lobbyist," El-Sayed said.
"We need to get the corporations out, and right now, corporations are buying politicians at a record clip."
El-Sayed went on to detail his push to reduce corporate influence in politics, arguing that lobbyists shape lawmakers’ votes and divert attention from constituents.
"In my primary and in the general election, the same corporations are funding politicians. And this is the problem," he said. "Both sides of the aisle funded by exactly the same corporation – that's what I wan(t) (to) end."
"I don't think they should be able to buy any of us. And that's exactly what I want to end. So, when I say money out of politics, I intend fully to get corporate money out politics."
El-Sayed's remarks come as former President Barack Obama is expected to join him on the campaign trail in Michigan later this month as Democrats make their final push ahead of the midterm elections.
El-Sayed also argued in the Fox News interview that Iran’s nuclear threat had been contained before President Donald Trump launched the war and insisted that he does not intend to "choke out" billionaires.
Biden-era FBI tracked Trump family travel and Wiles’ calls with lawyers in secret probe: docs
The Biden-era FBI tracked First Lady Melania Trump and Barron Trump's travel, while surveilling President Trump's future Chief of Staff Susie Wiles' phone, as officials worked the classified documents investigation reaching deep into Trump's inner circle, newly declassified records show.
Documents released Monday by the White House detail "Plasmic Echo," the probe later led by special counsel Jack Smith into whether Trump improperly retained classified documents after leaving office. The declassified documents show agents tracked the First Lady and First Son's travel while planning the Mar-a-Lago search, then monitored Susie Wiles’ calls involving defense lawyers, campaign advisers and journalists.
The surveillance collected call details rather than conversation contents, according to the documents.
"Jack Smith’s surveillance operation was a disgraceful abuse of government power. Spying on political opponents is weaponization of law enforcement, plain and simple," White House spokesperson Lauren Bis told Fox News Digital. "Those responsible must be held accountable."
The revelations come less than a week after Smith faced a contentious Senate Judiciary Committee hearing over investigative tactics used in his separate probe into Trump's efforts to challenge the 2020 election. That investigation, known as Arctic Frost, included the collection of phone-record information involving Republican lawmakers, while the newly released records stem from Plasmic Echo, the classified-documents investigation that ultimately led to the FBI's 2022 search of Mar-a-Lago.
This is a developing story. Please check back for updates.
LAUREN GREEN: I was Fox News Channel's first on-air hire. Here's how a dream became a powerhouse
A plywood board resting on two sawhorses was the anchor desk. There was a single camera, no prompter, and a small office tucked away from the construction zone. When I think of the early days of Fox News Channel, I remember the pre-launch days when Fox was still a dream and a wish. I was the first on-air person hired for Fox News Channel. My official start date was August 5, 1996, which was nearly two months before the first broadcast. But a few weeks earlier, I came to New York City to look for an apartment with my mother, and we were given a tour of the newsroom on C-1 (aka the basement). It was huge. Down to the studs, it was being transformed into the nerve center of the newest cable news channel.
During those first weeks, a ragtag crew of producers and writers and I were tasked with churning out practice newscasts to see how it would feel to do seven minutes of news at the top and bottom of every hour. It was a daunting task, as we were also creating a format and learning what worked and what didn’t. Pretty soon, we moved off-site to a rented studio to have greater access to cameras and equipment before the launch.
MARTHA MACCALLUM: AFTER 22 YEARS, HERE'S WHY I'M GRATEFUL TO CALL FOX HOME
In the summer of 1996, for those who are old enough to remember, the blockbuster movie "Independence Day" was released. It was a 20th Century Fox product, part of the Fox family. It made more than $100 million during its opening week. And I thought, "Wow! This cable network is bound for success if this is the kind of quality handiwork it puts out."
That prediction proved truer than I could have imagined. Today, Fox News is the number one cable news outlet. It is a juggernaut that others are chasing and seeking to emulate, if only in style, if not substance.
WATCH: FOX NEWS CELEBRATES 30 YEARS OF HEADLINES, DEBATES, LAUGHS AND MORE
Studio space has expanded exponentially as Fox has taken over the entire ground level and several floors of 1211 Avenue of the Americas. The newsroom is a new, state-of-the-art facility on the second floor (the C-1 space is now a company fitness center).
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I’ve got a new office, which I continually fill to the gills with books about religion and theology. And many of the producers with whom I work today were not born yet or were still in diapers or pre-K when Fox launched in 1996.
Reflecting on 30 years, there’s so much to be thankful for. So much of what looked precarious became a blessing. That’s what life teaches us. I think that during three decades of change, ups and downs, tragedies and triumphs, joys and hopes, there has been one constant in my life: Fox News Channel. And I am forever grateful!
Trump DOJ sues university where illegal immigrants can get $15K tuition rate while some Americans pay $42K
The Trump administration is suing the University of Delaware over a tuition policy that allows certain illegal immigrants to pay lower in-state rates while American students from outside Delaware are charged thousands more.
The Justice Department argues the policy illegally gives undocumented students a financial benefit based on residency that is not offered on the same terms to U.S. citizens, making Delaware the latest target in the administration’s nationwide crackdown on immigration-related tuition benefits.
The DOJ alleges the University of Delaware charges Delaware residents approximately $15,740 per academic year, compared with approximately $42,470 for non-Delaware residents, coming to a $26,730 annual difference, with nonresident tuition roughly 2.7 times resident tuition.
ILLEGAL IMMIGRANT TUITION PERKS PUT 4 STATES IN TRUMP DOJ CROSSHAIRS
It also alleges qualifying illegal immigrants can receive the $15,740 resident rate while U.S. citizens living outside Delaware are charged the higher rate, holding that the school is breaking federal law by putting the needs of illegal immigrants ahead of U.S. citizens, according to the DOJ’s press release, and is challenging the university’s policy which allows in-state tuition for illegal aliens while withholding reduced tuition to U.S. citizens.
It invokes 8 U.S.C. §1623(a), which says an immigrant who is not lawfully present cannot receive a state-residency-based postsecondary education benefit unless U.S. citizens can receive that benefit regardless of their state residency, and argues UD's policy therefore conflicts with federal law.
FLORIDA BOARD VOTES TO BAN ILLEGAL IMMIGRANTS FROM PUBLIC COLLEGE ADMISSIONS
Additionally, it says the policy is independently unlawful under 8 U.S.C. §1621 because the benefit was established through university policy rather than an enacted Delaware state law. DOJ describes the policy as being "preempted twice over," and also calls the policy "blatant unequal treatment."
"This Department of Justice’s efforts will not cease until we have challenged every state law or university policy that gives preferential treatment to illegal aliens over our nation’s own citizens," Stanley E. Woodward Jr., associate attorney general, said in a statement.
TRUMP REAFFIRMS ICE ARREST POLICY AFTER CONFUSING GUIDANCE SPARKS ALARM AMONG AGENTS
"Congress long ago made clear that states cannot give reduced tuition to illegal aliens not available to all Americans," he added. "When a state attorney general allows her own state to violate federal law, this department must step in to enforce it."
In a statement to Fox News Digital, the University of Delaware said, "The University of Delaware is aware of the complaint filed last week by the U.S. Department of Justice, and we are reviewing it carefully. Because this is a pending legal matter, we will not comment further at this time."
Fox News Digital reached out to the Department of Justice for comment.
Woman sues Las Vegas bar claiming she was injured on 'World Famous Gyrating Johnson Mechanical Member Bull'
An Illinois woman is suing a Las Vegas bar claiming that she was hurt during a ride on its "World Famous Gyrating Johnson Mechanical Member Bull ride." If it seems like an unnecessary use of words to you, that's because it is.
This "Gyrating Johnson" is nothing more than a mechanical penis that people attempt to ride. The woman, Amber Zabran, is suing for damages, reports 8 News Now, after she was thrown from Johnson during an attempt to ride it.
Her complaint, filed in Clark County District Court last week, states she was injured when "her foot and/or ankle got caught under the main shaft area of the ride where there is a large cut-out section."
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The Nerd, which operates the ride, is located in Downtown Las Vegas. The ride is featured on the bar's website and challenges potential riders to "Ride it, slide it, stay on top of the World Famous Gyrating Johnson Mechanical Member Bull ride."
A slogan like that makes it an appealing challenge, doesn't it? The point, of course, is to stay on the ride as long as you can while the operator tries to get you to fall off. According to the lawsuit, Zabran and her friends were never asked to sign waivers before hopping on.
The lawsuit also says the alleged incident took place on Nov. 22, 2025, and left her with "great pain of body and mind, including serious and painful physical injuries, as well as shock and injury to her nervous system entailing mental stress, anxiety and anguish."
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A ride on a mechanical penis is all fun and games until you're contacting a lawyer and claiming you've been injured after being thrown off of one.
According to the local outlet, the lawsuit is seeking special and actual damages and medical expenses. It's also asking for attorney's fees.
Whether the blame falls on the bar or not, I think we can all agree it's a good idea to be more cautious around any mechanical Johnsons we may find ourselves crossing paths with.
'Grey's Anatomy' star Isaiah Washington reveals wife died from ‘massive’ stroke in 2025
Isaiah Washington broke his silence on the death of his wife, Jenisa Garland, more than one year after she died.
The "Grey's Anatomy" actor confirmed that his wife of nearly three decades died in June 2025 after suffering a "massive hemorrhagic stroke."
"Yes … the rumors are true," Washington wrote on social media. "My dear wife of 29 years collapsed suddenly on May 31, 2025 and passed away on June 9, 2025. It came as a huge shock to me and our entire family."
"She succumbed to a massive hemorrhagic stroke and never recovered."
Washington encouraged his Instagram followers to listen to their bodies and noted, "some headaches are not just headaches or migraines, they can be much worse and a warning sign."
"Get a brain scan if you can and take those headaches seriously," Washington wrote. "She has been gone 16 months now, but she left 3 incredibly amazing children behind to continue her legacy."
He added, "I don’t know if this is an appropriate post, because Jenisa Washington was extremely private, but I guess I just have to be reprimanded from her on the other side."
Viola Davis sent condolences and wrote, "So very sorry Isaiah," while actor Michael Beach noted, "It is appropriate, brother. We all need to pay better attention to what we are going through physically and mentally. Love to you and your family."
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Washington played Dr. Preston Burke during the show's first three seasons from 2005-07.
In October 2006, he was reportedly accused of using a homophobic slur, directed at co-star T.R. Knight, during an argument with another cast member, Patrick Dempsey. Knight was not present at the time. Washington later publicly apologized in a statement that he shared with People Magazine.
"I sincerely regret my actions and the unfortunate use of words during the recent incident on-set," Washington said in the statement. "Both are beneath my own personal standards. I have nothing but respect for my co-workers ... and have apologized personally to everyone involved."
Amid the ensuing controversy, ABC decided not to renew Washington's contract and his character was written out of the show. However, he returned for an episode in 2014 to send off actress Sandra Oh, who left "Grey's Anatomy" after its 10th season. Washington's character, Burke, was a former love interest of Oh's Cristina Yang.
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While speaking about his departure on the Fox Nation series "Isaiah Washington: Kitchen Talk" in July 2020, Washington explained why he decided to publicly apologize for the incident.
"The story was a lie and misconstrued. But as a family guy, a father, I thought I was helping the family," said Washington.
The "God's Not Dead" star went on to say that he wouldn't ever apologize for it again.
PUT YOUR ENTERTAINMENT KNOWLEDGE TO THE TEST AND SEE HOW YOU SCORE
"That's why I'll never apologize again -- to this day," Washington said. "That's why [former President Donald] Trump doesn't apologize, because when you apologize for something, then that it is admitted to wrong -- doing something wrong. I did nothing wrong."
In a recent social media post, Washington alluded to getting back to work in front of the camera.
"I have said 'no' for 3 years now," he captioned a series of snaps. "Time to say 'yes' and get back on the big screen with a BANG! Keep watching me…"
Stock up on Maxwell House K-Cups on Amazon — 168 pods for just 39 cents each
Coffee costs can add up, but this Maxwell House K-Cup deal makes it easier to save. The two-pack includes 168 House Blend medium-roast pods and has dropped from $80 to $65 — just about 39 cents per pod.
READ MORE: October Prime Day is Tuesday — here's what's worth buying
Buying in bulk can help lower the cost of your daily coffee, and this two-pack brings each pod to about 39 cents. The 168 medium-roast Maxwell House pods have more than 30,000 Amazon reviews and a 4.7-star rating, making them a popular pick for budget-conscious coffee drinkers.
Made with 100% Arabica coffee, the House Blend offers a rich aroma and full-bodied flavor. The pods work with Keurig coffee makers, so you can brew a cup whenever you need it.
READ MORE: Amazon just dropped this $190 Keurig coffee maker to $100 — one of its lowest prices ever
More than 30,000 Amazon reviews praise the Maxwell House K-Cup's rich flavor, affordability and convenience.
One reviewer wrote: "This is the best bang for your buck! It's cheaper than the food store 95% of the time, and it's great for those who drink a lot of coffee. The flavor is always fresh."
"This coffee has become a dependable part of my daily routine. The medium roast strikes a nice balance, not too strong and not too mild, with a smooth flavor that's easy to enjoy," wrote another.
Another reviewer praised the convenience: "These K-Cups are some of my favorites. They taste great, are convenient and are compatible with Keurig machines. They are just right; very flavorful and not too bitter."
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The main drawback shoppers noted is that grounds can end up in the bottom of the coffee cup. You'll need to make sure your machine is cleaned properly before inserting pods, which can help mitigate this annoyance.
It's a fair trade-off, however, when you consider the price per pod. At $65, it's a solid choice for anyone who wants to save on their daily coffee fix and go for an affordable bulk option.
Keurig K-Supreme single-serve coffee maker: $99.99 (47% off)
Cuisinart programmable coffee maker: $69.95 (42% off)
Nespresso Vertuo Pop+ coffee and espresso maker: $99 (34% off)
De'Longhi classic signature espresso machine: $179.95 (22% off)
If you're an Amazon Prime member, you can get these items sent to your door ASAP. You can join or start a 30-day free trial to start your shopping today.
Supreme Court begins new term with high-profile look at clean air and federal authority
The Supreme Court launched its new term Monday with a blockbuster oral argument over whether federal or state laws and courts should handle civil lawsuits against energy companies for alleged climate change harms.
Eight justices debated for nearly two hours on a key gateway over environmental liability — who decides and where. It was unclear after the public session how the court might rule.
Absent was Justice Samuel Alito, who recused last week after calls to step aside because he owns stock in oil companies, but not the two at the center of Monday's appeal.
Local and state governments seek civil damages totaling billions of dollars, arguing it is necessary to help pay for rebuilding after wildfires, rising sea levels, and severe storms worsened by fossil fuel pollution.
SUPREME COURT CAN RESTORE SANITY AND STOP THE LEFT’S RADICAL CLIMATE AGENDA
Colorado's highest court let the case brought by Boulder County proceed.
SUPREME COURT SIDES WITH CHEVRON, OIL COMPANIES IN LOUISIANA ENVIRONMENTAL LAWSUITS
The companies — backed by the Trump administration — counter emissions are a national issue that should be heard in federal court, where similar suits have been tossed out.
The justices will also decide whether they have jurisdiction to hear this dispute, or whether it belongs in state courts.
SUPREME COURT CLIMATE SHOWDOWN JOLTED BY ALITO'S LAST-MINUTE DECISION
Chief Justice John Roberts could be the deciding vote. He asked tough questions of both sides and his vote could produce a 4-4 tie with Alito not participating.
That would mean the specific lawsuit moves ahead in state courts. He said the court in the past has allowed similar claims to be decided outside the federal venue.
WAVE OF OVERLOOKED 'LEFT-WING' LAWSUITS COULD COME WITH AN UNEXPECTED PRICE TAG FOR AMERICANS
"There are a lot of familiar situations where conduct outside of the state has broad effects among other states, and yet we allow state courts in a particular state to bring litigation," said Roberts. "I guess I'm not quite sure what makes this situation different from all those other ones, where we've allowed them to proceed in state court."
Justice Elena Kagan compared the climate change lawsuits to previous claims against tobacco and opioid companies brought by states on behalf of their citizens.
THE SUPREME COURT IS BACK. THESE FIVE CASES COULD RESHAPE AMERICAN LIFE
"This is the same kind of lawsuit against the same kind of actors for the same kind of harm," said Kagan. "Where does this principle come from, that states can't regulate in the air and water space?"
But Justice Brett Kavanaugh seemed to speak for many of his conservative colleagues, on the implications for multi-jurisdictional lawsuits to play out, potentially for decades.
" It is going to bankrupt – if there are enough of these [lawsuits] — bankrupt these various defendants and certainly other defendants out there. Anyone is a potential defendant for a suit like this. Any manufacturer, any business," suggested Kavanaugh.
"We don't have to reinvent the wheel because we've said this multiple times," he added, "and Congress, presumably, when doing the Clean Air Act and doing the Clean Air Act amendments, has relied on this Court's precedents establishing that this kind of pollution is a federal law matter unless Congress speaks otherwise."
The current litigation is part of dozens of lawsuits brought by states and municipalities across the country.
Boulder County, located north-west of Denver, sued in 2018.
Among the defendants is Suncor, a Canadian-based energy giant that operates the only major oil refinery in Colorado. ExxonMobil, the largest oil company in the U.S., is also a defendant.
Local officials claim the energy firms have misled the public about their role in climate change, and say financial penalties are necessary to mitigate ongoing harms in their communities, including recent forest fires and worsening air pollution.
Some states also accuse the current administration of rolling back mandated protections in the Clean Air Act and thereby abdicating their regulatory authority.
But the companies and the Trump Justice Department argue climate change should be addressed by the national government in federal court, and that the Clean Air Act limits what individual states and counties can do.
They say this global problem is not limited to any one energy sector or country, and cannot be resolved by what they call local "power grabs."
Some litigators believe the companies could fare better in federal court since they would not have to juggle dozens of ongoing lawsuits in multiple jurisdictions.
"Interstate air pollution is an inherently federal area," Sarah Harris, a Justice Department lawyer, told the court. "This suit egregiously exceeds constitutional limits on state authority," Harris told the justices.
With the possibility of an evenly divided court, the eight justices may not have to reach the merits of the federalism question.
The Supreme Court specifically asked both parties to address at argument whether it should even hear the case, at least at this stage. That procedural "exit ramp" could put the larger issues off for another day.
"I understand that you have several other federal issues that you have raised that are still pending in the state court," Justice Ketanji Brown Jackson asked the oil companies lawyer Kannon Shanmugam. "So why shouldn't we wait and hear all of these claims once the state courts are done with their federal considerations?"
The case is Suncor Energy Inc. v. Commissioners of Boulder County, CO (25-170).
A decision is expected by next spring.