Kagan’s climate conflict is obvious — recusal shouldn’t be optional

Justice Elena Kagan should recuse herself from Suncor Energy v.

Boulder County.

Not because a lower court told her to.

Not because an ethics board ruled against her.

Because the oldest test in the profession says so: would a reasonable, informed observer question her impartiality?

Here, the answer isn’t close.

I spend a good part […] ...