Conservative Groups Request Senate Probe of Justice Kagan's Recusal in Climate Liability Case

Nearly two dozen conservative groups sent a letter Monday to Senate Judiciary Committee leaders requesting an investigation into Justice Elena Kagan's failure to recuse from Suncor Energy v. Boulder County. The letter accused Kagan of violating federal ethics rules.

Suncor Energy v. Boulder County asks whether Colorado local governments can use state law to hold oil and gas companies financially liable for their alleged contributions to climate change. Kagan wrote the foreword to the Reference Manual on Scientific Evidence.

In it she stated that judges would increasingly confront lawsuits involving climate science and encouraged use of the manual as a resource. The climate science chapter was later criticized by Congress and Republican attorneys general as biased and removed from the version distributed to federal judges.

Judicial Crisis Network President Carrie Severino said Kagan's conflicts of interest on climate litigation preclude her from serving as the neutral arbiter required by her oath.

Severino added that Kagan embraced partisan ideals by endorsing the manual. The letter also cited Kagan's participation in NFIB v. Sebelius despite her prior role as solicitor general during the Obama administration's defense of the Affordable Care Act.

Kagan is scheduled to appear alongside Justice Amy Coney Barrett before the House Appropriations Committee on Tuesday to testify on the Supreme Court's proposed fiscal year 2027 budget. The Supreme Court's Public Information Office did not immediately respond to a request for comment.