Justice Kagan Criticizes Supreme Court Rulings on Gerrymandering and Voting Rights

Justice Elena Kagan criticized the Supreme Court’s conservative majority on Tuesday, arguing that recent rulings have undermined democracy. Speaking at Catholic University’s law school in Washington, D.C., Kagan highlighted decisions regarding partisan gerrymandering, campaign finance restrictions, and the Voting Rights Act.

Criticism of Gerrymandering and Voting Rights Rulings

Kagan, who dissented in several of the cases she referenced, stated that the court failed to understand the consequences of its decisions. “Part of the reason why the court got it wrong was a kind of lack of the appropriate concern or understanding of the consequences of their decisions,” she said.

She specifically pointed to a 2019 ruling that prevented federal courts from intervening in extreme partisan gerrymandering. According to Kagan, this decision led to “both parties have been engaged in a race to the bottom in terms of doing these partisan gerrymanders.” She argued that lopsided maps deny voters “their rights to voting equality” and push candidates toward the political extremes because they only need to win primaries.

Kagan also addressed the “evisceration” of the 1965 Voting Rights Act. She noted that recent rulings have led to Republican states eliminating majority Black districts. Additionally, she criticized the court for striking down campaign finance restrictions, with the most recent such ruling occurring in June. “I think you know the people of America look around this political system and think that all this money, chasing all these political candidates, is a nightmare, and they’re right,” she said.

Concerns Over Executive Power

During a question-and-answer session with professor Joel Alicea, Kagan criticized a ruling from this year that granted President Donald Trump greater control over federal agencies previously established to be independent from political interference. She expressed concern about the concentration of power in the executive branch.

“I do think in all these areas the court has blinded itself to the very deleterious effects of their rulings on how the political system works and has created a democracy that doesn’t work as well as it should,” Kagan said. She added that there is a “danger of one president being able to ride roughshod over all the other institutions of government and over the people.”

Defense of the Court’s Independence

Despite her criticisms, Kagan defended the Supreme Court against claims from the left that it acts as a rubber stamp for President Trump. She cited instances where the president lost cases, including his attempt to impose sweeping tariffs. Kagan acknowledged the court is “deeply conservative” but stated that in certain cases it has “definitely pushed back on the president.”

Why it matters

Kagan’s comments highlight the ongoing ideological divide within the Supreme Court and its impact on American political structures. Her remarks come as several states, including Texas and California, redraw congressional maps ahead of the Nov. 3 midterm elections, a process she argues is increasingly eliminating competitive districts and polarizing the country.

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Sources

• nbcnews.com: Elena Kagan accuses conservative majority of undermining democracy
• newsbreak.com: Justice Elena Kagan accuses Supreme Court’s conservative majority of undermining democracy - NewsBreak

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