Supreme Court Justice Elena Kagan criticized recent decisions by the high court, saying they have undermined democratic processes in the United States. Speaking Tuesday at Catholic University in Washington, D.C., Kagan highlighted rulings affecting voting rights, campaign finance, and partisan redistricting, asserting that these decisions have weakened the functioning of the nation’s political system just days before the upcoming midterm elections.
Kagan, a liberal appointee nominated by President Barack Obama, spoke during the opening weeks of the new Supreme Court term, noting that the justices will soon rule on a range of significant issues including assault rifles, climate change, and religious rights. She expressed concern that the court’s actions, particularly those by its conservative majority, have contributed to growing political polarization and disenfranchisement.
One focus of her criticism was the court’s 2019 ruling that federal courts should not intervene in cases of partisan gerrymandering. Kagan described this decision as triggering a “race to the bottom” in which both major parties aggressively redraw electoral districts, thereby diminishing voting equality. She said the ruling has pushed the country away from political moderation toward greater extremism.
Kagan also condemned recent rulings that have limited the scope of the Voting Rights Act, including a decision last term that constrained the consideration of race when drawing voting districts. She argued that this decision prompted several Republican-led Southern states to quickly redraw districts in ways that disadvantaged Black Democratic voters.
In addition, Kagan criticized the court’s loosening of campaign finance restrictions, especially decisions curbing limits on coordination between political parties and candidates, which she suggested fuels a perception among Americans that the political system is overwhelmed by money and influence.
The justice further faulted the conservative majority for permitting presidents to more easily remove leaders of independent federal agencies, warning that such rulings risk consolidating too much power in the executive branch.
Despite these critiques, Kagan defended the court against claims that it blindly advances the agenda of former President Donald Trump. She highlighted several instances where the court ruled against Trump’s policies, including efforts to impose tariffs, curtail birthright citizenship, deploy the National Guard to Chicago, and restrict mail-in voting. Kagan noted that Trump and some of his appointees on the bench have publicly expressed frustration over these decisions.
At the same time, Kagan acknowledged that the court remains “deeply conservative” and inclined to endorse many conservative priorities. She reflected on the court she joined in 2010 as more ideologically balanced and possessing a greater degree of legitimacy, which she said contributes to national stability.
As the court prepares to issue rulings ahead of the November 3 elections, Kagan’s remarks underscore ongoing tensions within the judiciary and the broader political implications of its decisions.