Conservative groups say Justice Kagan cannot be impartial in upcoming Supreme Court climate litigation
https://www.foxnews.com/politics/conservative-groups-say-justice-kagan-cannot-be-impartial-upcoming-supreme-court-climate-litigation
By Elaine Mallon Fox News
Conservative groups point to Kagan’s endorsement of a judges’ manual they say embraced disputed climate litigation theories
Excerpt:
Supreme Court Justice Elena Kagan is facing calls for a Senate Judiciary Committee investigation after a coalition of conservative legal organizations accused her of failing to recuse herself from a major climate change case expected to be argued before the high court next term, alleging she publicly endorsed legal theories central to the dispute.
In a letter sent Monday to Senate Judiciary Committee leaders, the coalition urged lawmakers to investigate whether Kagan violated federal ethics rules by participating in Suncor Energy v. Boulder County.
The coalition argued that Kagan compromised her impartiality by writing the foreword to the Reference Manual on Scientific Evidence, which included a climate science chapter that was later criticized by Congress and Republican attorneys general as biased and was eventually removed.
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After Republican lawmakers and a coalition of Republican attorneys general accused the chapter of presenting a one-sided view, the Federal Judicial Center removed it from the version of the manual distributed to federal judges.
“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. She must recuse herself immediately,” Severino added.