Supreme Court Justice Samuel Alito Jr. recused himself on Monday from a case involving Connecticut’s so-called “bottle bill,” apparently because one of the parties in the case is a Pepsi Cola bottler—and Alito owns stock in Pepsico Inc.
But Alito’s decision to stay out of the case, A. Gallo & Co. v. Esty, raised immediate questions about why he did not recuse in a higher-profile pending case also involving a Pepsi bottler: National Labor Relations Board v. Noel Canning. That case, argued in January, tests the constitutionality of President Obama’s recess appointments to the National Labor Relations Board. Noel Canning Corp., a Pepsi bottler in Washington state, brought the suit to challenge an adverse ruling by the labor board.
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