The 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.
The coalition, in a letter sent to Senate Judiciary Committee leaders, 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 a reference manual that included a climate science chapter, which was later criticized by Congress and Republican attorneys general as biased and was eventually removed.
The coalition argues that Kagan's comments, along with her endorsement of the manual, create the appearance that she had already embraced legal theories underlying the plaintiffs' claims in the Suncor Energy v. Boulder County case.
The coalition argues that Justice Kagan's conflicts of interest on climate litigation preclude her from serving as the 'neutral arbiter' required by her oath.
The coalition pointed to Kagan's history of inconsistent recusals, including her participation in NFIB v. Sebelius, the landmark Affordable Care Act case, despite serving as solicitor general during the Obama administration while the law was being defended.
The coalition is asking the Senate Judiciary Committee to hold hearings and investigate whether Kagan complied with federal ethics law and the Supreme Court's code of conduct.
The request mirrors the committee's most recent scrutiny of Supreme Court ethics, which included investigations into ethics concerns involving Justices Clarence Thomas and Samuel Alito.
The letter comes as Kagan is scheduled to appear alongside Justice Amy Coney Barrett before the House Appropriations Committee to testify on the Supreme Court's proposed fiscal year 2027 budget.
