Justice Elena Kagan warns Supreme Court rulings undermine democracy in Washington speech

Justice Elena Kagan spoke Tuesday in Washington about decisions from her conservative colleagues. She argued these rulings make the nation less democratic and more polarized politically. The talk took place two weeks before the midterm elections for control of Congress.

Kagan spoke before students and professors at Catholic University’s law school in Washington, D.C. She criticized how decisions from the court majority affect the nation’s political environment.

“The court has kind of blinded itself to the very deleterious effect of their rulings on how the political system works and has created a democracy that does not work as well as it should,” Kagan said.

She criticized rulings that weakened the Voting Rights Act. She also objected to decisions that weakened campaign finance regulations. Kagan dissented from those rulings.

“Over the last couple of years especially, both political parties have been engaged in a race to the bottom in terms of doing these partisan gerrymanders, … making what I think is unfortunately a too polarized country even more so,” she said. “The people of America look around and think that all this money chasing all these political candidates is a nightmare, and they’re right.”

The court majority stated in a 2019 ruling that drawing districts for advantage is a political dispute. The justices decided federal courts cannot step in. Conservatives also ruled that key campaign finance regulations violate free speech.

The court further narrowed protections in the Voting Rights Act this year. Those protections had helped increase minority representation. These rulings fed a redistricting push started by President Donald Trump.

Trump wants to keep slim Republican House majorities in the November election. Kagan said it is unfair to claim the majority always backs the president. She noted the court pushed back on Trump regarding tariffs, birthright citizenship and mail ballots.

Federal courts review legal challenges to state and national election laws across Washington and the country. Supreme Court justices issue written dissents when they disagree with a majority ruling.

Kagan noted these court decisions continue to shape elections across the nation.