Nation's Judicial Guide Faces Bias Claims Over Climate Section
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‘Shocking and inappropriate’: Legal experts slam judges’ guide over climate bias claims
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Judicial Reference Manual Under Fire for Alleged Climate Bias
A comprehensive guide used by judges across the nation to navigate complex scientific topics has reportedly drawn criticism from legal observers who claim its climate section reflects ideological bias, according to sources familiar with the matter.
Critics allegedly argue that the fourth edition of the Federal Judicial Center’s Reference Manual on Scientific Evidence—which includes a foreword by a member of the highest court—appears to blur the line between neutral judicial education and advocacy, observers note. The approximately 1,600-page guide was released at the beginning of the year, sources say.
The manual reportedly includes several citations and footnotes referencing climate change activists and proponents, including climatologist Michael Mann and environmental law expert Jessica Wentz, according to those who have reviewed the document.
Wentz is said to be a leading expert at the Climate Judiciary Project at the Environmental Law Institute—an entity currently under federal investigation, as previously reported. Legislative investigators from the ruling party have allegedly found evidence of efforts to “influence judges who potentially may be presiding over lawsuits related to alleged climate change claims,” according to official statements.
Members of the legislature’s judicial committee reportedly stated that these efforts “appear to have the underlying goal of predisposing federal judges in favor of plaintiffs alleging injuries from the manufacturing, marketing, use, or sale of fossil-fuel products.”
A spokesperson for the institute reportedly told media outlets that the curriculum is “fact-based and science-first, grounded in consensus reports and developed with a robust peer review process,” dismissing suggestions otherwise as “without merit.”
Wentz, who is also described as a senior fellow at a prominent university’s climate law center, is listed as chief author of the controversial section. She reportedly served as a witness for plaintiffs in a high-profile case where youth activists accused the government of violating constitutional rights by failing to implement preferred climate policies.
Legal experts have warned of potential repercussions from having such prominent contributors in what is supposed to be an apolitical reference work, sources indicate.
“It is alarming to see how far [opposition forces] have gone in their blatant effort to capture the judiciary,” said one legal observer, according to reports. “When they can’t pass their extreme policies into law, they are attempting to use the courts as an end run around the legislative process.”
Another legal expert reportedly described the climate section as “shockingly inappropriate,” alleging that portions were “lifted in large part by a previous article written by the two authors and [another climate-plaintiff lawyer].”
“Given that attribution is at the heart of these lawsuits, it’s shocking that the Judicial Center would let a plaintiff lawyer ‘explain’ it to judges,” the expert allegedly stated.
The guide reportedly cites Mann’s book “The New Climate War,” using it to support claims that the energy industry has sought to deceive the public. Mann, a climate academic, recently resigned from a university role after controversial social media comments and previously won a significant legal settlement against a conservative commentator over criticism of his research.
When contacted for comment, Wentz reportedly declined to respond. Mann did not reply to requests for comment, according to sources.
The controversy continues as the nation’s judicial system grapples with the intersection of scientific evidence and legal proceedings in an increasingly polarized political environment, observers note.