Kagan states she did not read disputed climate chapter she endorsed

Senator Sheldon Whitehouse, a Democrat, criticized a letter that called for Kagan's recusal, describing it as an attempt by "fossil fuel dark money" to pressure the Supreme Court towards climate denial. Steve Milloy, who signed the letter, expressed disbelief at Kagan's explanation, stating that lawyers should not endorse material they are unfamiliar with. Milloy also questioned whether Chief Justice John Roberts should recuse himself from a climate case due to his role in the Federal Judicial Center, noting Kagan's endorsement of the chapter.

In her foreword to the publication, Kagan wrote that judges will increasingly face lawsuits concerning topics such as artificial intelligence, climate science, and epidemiology. Meanwhile, Justice Samuel Alito has also faced calls for recusal from a climate case due to his stock ownership in oil companies. A court spokesperson indicated that Alito is not required to recuse himself as he does not hold financial interests in the companies directly named in the specific case. Alito has previously recused himself from earlier iterations of the climate case before the Supreme Court.