Advocates are calling on the U.S. Senate to investigate conflicts of interest from U.S. Supreme Court Justice Elena Kagan. The advocates argued Kagan was biased in favor of climate science and should not participate in a consequential case that could determine the future of climate change policies.
Background
Justices on the high court are expected to hear Suncor v. Boulder County Commissioners, a case examining whether state and local governments can prevent fossil fuel companies from engaging in global emissions activities that contribute to climate change. In Boulder County, officials attempted to institute nuisance laws to prevent energy companies like Suncor from emitting pollutants.
Leaders from the Judicial Crisis Network, the Heritage Foundation, the National Republican Lawyers Foundation, and others wrote a letter to lawmakers on the Senate Judiciary Committee about concern over Kagan’s support for climate change. The letter points to Kagan’s authorship of a foreword in the Fourth Edition of the “Reference Manual on Scientific Evidence” published by the National Academies of Science, Engineering, and Medicine in December 2025.
The manual included a chapter on Climate Science, where it referenced the “attribution theory.” The theory is used to posit that scientific modeling is used to attribute the effects of climate change from greenhouse gas emissions. The advocates said content in the chapter was inserted from individuals who advocate for legislation to restrict greenhouse gas emissions.
Call for Recusal
The advocates argued that Kagan’s authorship as part of the manual is evidence she is unable to make an unbiased decision in Suncor v. Boulder County Commissioners. The Constitution requires justices on the Supreme Court to recuse themselves from consideration of cases in which “impartiality might reasonably be questioned.”
Carrie Severino, president of the Judicial Crisis Network, said Kagan cannot act as a “neutral arbiter” in climate change cases. She said Kagan’s writing in the manual was an endorsement of its ideals. “Kagan’s implicit judicial endorsement of the manual and her support of climate-lawfare theories are evidence she cannot remain impartial on climate litigation, including the Court’s upcoming Suncor case,” Severino said. “She must recuse herself immediately.”
Original reporting: KTBS 3 (Shreveport) — read the source article.
