Conservative groups demand Kagan recuse herself from climate case

By Lesley Clark | 07/14/2026 06:13 AM EDT

The groups accuse the Supreme Court justice of endorsing climate science by writing the foreword to a judicial reference manual.

U.S. Supreme Court Justice Elena Kagan sits on a panel at the 2024 Ninth Circuit Judicial Conference in Sacramento, California.

U.S. Supreme Court Justice Elena Kagan sits on a panel at the 2024 Ninth Circuit Judicial Conference in Sacramento, California, on July 25, 2024. Rich Pedroncelli/AP

A coalition of conservative groups is asking the Senate Judiciary Committee to investigate whether Supreme Court Justice Elena Kagan has violated the court’s ethics code by not stepping back from a blockbuster climate change case.

In a letter sent Monday, groups that include the Judicial Crisis Network and the Heritage Foundation said Kagan’s foreword to a recent judicial education manual points to evidence of “obvious and public prejudgment of the material legal questions” raised by the upcoming case.

One of the publishers of the manual is the Federal Judicial Center, which is chaired by Chief Justice John Roberts.

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The move comes weeks after Justice Samuel Alito refused calls from government watchdog groups to recuse himself from the same climate case, Suncor v. Boulder, which could wipe out dozens of lawsuits that seek to hold the fossil fuel industry liable for climate change.

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