Kagan tells lawmakers she didn’t read disputed climate chapter she endorsed

By Pamela King | 07/15/2026 06:25 AM EDT

Justice Elena Kagan’s foreword to a judicial reference manual has triggered calls for her to bow out of an upcoming Supreme Court case.

Supreme Court Justice Elena Kagan testifying.

Supreme Court Justice Elena Kagan on Capitol Hill on Tuesday. Francis Chung/POLITICO

Supreme Court Justice Elena Kagan is distancing herself from a climate science reference for judges that is making waves in an upcoming case.

Conservative groups have called for a probe of whether Kagan — a member of the high court’s liberal wing — violated ethics rules by not stepping back from a legal fight by local governments trying to get the oil industry to pay up for the impacts of climate change. The high-stakes legal battle has the potential to cost energy producers billions of dollars.

During a congressional hearing Tuesday on the Supreme Court’s budget, Senate Appropriations Chair Susan Collins (R-Maine) asked Kagan about the controversy.

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It stems from the foreword the Kagan wrote to a judicial reference manual that contained a chapter on climate science. That chapter has since been withdrawn.

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