Conservative groups say Justice Kagan cannot be impartial in upcoming Supreme Court ...

Theory Briefing

• Conservative groups cite Kagan's endorsement of a climate science book as grounds for recusal from Suncor Energy v. Boulder County.
• The case pits energy companies against Boulder County in a dispute with major implications for climate litigation.
• Recusal decisions at the Supreme Court are self-policed — no outside authority can force a justice to step aside.
• The accusation frames a public intellectual stance as evidence of prejudged legal conclusions, a line courts rarely draw.