Republicans for the first time quizzed a judicial candidate on ESG disclosure requirements at a recent Senate Judiciary hearing. The injection of securities disclosures into the powerful Senate committee suggests congressional leadership expects the issue is ripe for a legal dispute.

“I’m surprised it hasn’t come up before, frankly,” said one attorney familiar with securities litigation who asked not to be named. They noted Senate hearings to screen candidates are often more of a political show than an attempt to discern legal leanings, but ESG making it into that show may speak to future litigation.