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Claims of bias arise from climate activist footnotes in judges’ reference guide

Claims of bias arise from climate activist footnotes in judges' reference guide

The most recent version of the Golden Rule Guide, utilized by judges nationwide to navigate unfamiliar topics, has sparked some controversy regarding its perceived ideological bias, particularly in the climate change section.

Critics have pointed out that the fourth edition of the Federal Judicial Center’s Reference Manual on Scientific Evidence, which features a foreword by Supreme Court Justice Elena Kagan, seems to blur the line between educating judges and pushing a left-leaning agenda.

This guide, which spans roughly 1,600 pages, was released earlier this year and contains numerous citations and references to climate advocates like Michael Mann, a climate scientist, and Jessica Wentz, an expert in environmental law.

Wentz is a notable figure associated with the Environmental Law Institute’s Climate Justice Project, which, as reported recently, is under federal scrutiny.

House Judiciary Committee members Jim Jordan (R-Ohio) and Darrell Issa (R-Calif.) stated that they are investigating potential corruption involving the Environmental Law Institute and its project aimed at influencing federal judges.

They uncovered efforts to sway judges potentially dealing with climate change litigation, suggesting there is a strategy to favor plaintiffs claiming damages connected to fossil fuels.

A representative from the institute responded by defending the Climate Justice Project’s curriculum, asserting that it is grounded in factual science, consensus reporting, and has undergone rigorous peer review, dismissing any contrary claims as unfounded.

Wentz, who also holds a senior fellowship at Columbia University’s Sabin Center for Climate Law, is notably listed as a key author in the guide. She previously testified on behalf of young climate activists in a case against the U.S. government regarding climate change policies.

Despite her extensive credentials, experts have cautioned that featuring such politically charged contributors in what should be an impartial resource might lead to unintended consequences.

Carrie Severino, a former law clerk for Justice Clarence Thomas and president of the Judicial Crisis Network, expressed concern over the judicial system becoming a venue for political agendas, particularly in climate litigation.

Similarly, Michael Fragoso, a lawyer from Torridon Law, stated that there is evident bias in the guide’s climate section. He criticized the omission of critical discussions regarding the “science” of attribution, which is essential for many cases, describing the situation as inappropriate.

Jordan and Issa had earlier characterized the Climate Justice Project’s objectives as biased toward influencing judicial opinions in climate-related lawsuits.

Michael Mann, a Pennsylvania-based climate scientist, has been cited in the guide for suggesting that the energy sector strives to mislead the public regarding climate issues.

In light of the backlash, Wentz offered no comments on her involvement in the guide’s creation, while Mann did not respond to inquiries.

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