Justice Kagan says Supreme Court election rulings have hurt democracy ahead of midterms
In short
Justice Elena Kagan, one of the Supreme Court's three liberals, criticized the conservative majority's rulings on voting rights, gerrymandering and campaign finance in remarks at Catholic University's law school in Washington on Tuesday. She said the court "has created a democracy that does not work as well as it should." The remarks came two weeks before the midterm elections.
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Justice Elena Kagan, one of the Supreme Court's three liberals, criticized the court's conservative majority on Tuesday for a series of election-related decisions. She said they have led to more polarization and a democracy that does not work as well as it should. She spoke two weeks before the midterm elections, which NBC News gave as Nov. 3. [ 1 , 5 , 6 , 7 ]
Kagan spoke at Catholic University's law school in Washington, D.C., in a conversation with law professor J. Joel Alicea, who was a law clerk to Justice Samuel Alito. The audience included law students and professors. CNN reported that the session lasted an hour and that it was Kagan's first time on the campus as a speaker. [ 5 , 6 , 7 ]
"The court has kind of blinded itself to the very deleterious effects of their rulings on how the political system works," she said, adding that the court has created "a democracy that does not work as well as it should." She described voting rights as "foundational." [ 5 , 6 , 7 , 10 ]
Kagan pointed to the court's 2019 ruling that federal courts cannot intervene in partisan gerrymandering. The Boston Globe reported that she wrote the dissent in that case. As a result, she said, "both political parties have been engaged in a race to the bottom" in drawing partisan maps. The Guardian reported her saying the decision was pushing candidates away from the center. [ 1 , 5 , 10 ]
She also criticized rulings that weakened the Voting Rights Act and campaign finance rules. NBC News reported that she used the word "evisceration" for the treatment of the 1965 law. CNN named Louisiana v. Callais, decided in April, and National Republican Senatorial Committee v. Federal Election Commission. The Guardian reported that the Louisiana ruling struck down the state's congressional map and that a June ruling struck down limits on how much political parties may spend on candidates. It said both were decided 6-3 along ideological lines. On campaign money, Kagan said the public thinks it "is a nightmare, and they're right." [ 1 , 6 , 7 , 8 , 10 ]
NBC News reported that several states have redrawn their congressional maps ahead of the midterms, starting with Texas at Trump's urging and followed by others including California. The Seattle Times, carrying an AP report, said the Voting Rights Act ruling helped feed a redistricting effort touched off by Trump, who is trying to hold on to the Republicans' slim House majority. [ 1 , 6 ]
Why it matters
The comments come shortly before midterm elections for control of Congress, and outlets described them as a broad critique of how the court's majority has affected the political system. The documents report no response from the conservative justices.
Key facts
- Kagan spoke on Tuesday at Catholic University's law school in Washington, D.C., two weeks before the midterm elections. [ 1 , 5 , 6 , 7 , 8 , 10 ]
- She said the court "has kind of blinded itself to the very deleterious effects of their rulings on how the political system works." [ 5 , 7 , 10 ]
- She criticized the 2019 ruling that federal courts cannot step in on partisan gerrymandering, saying both parties have been in a "race to the bottom" on gerrymanders. [ 1 , 5 , 6 , 10 ]
- She also criticized rulings that weakened the Voting Rights Act and campaign finance restrictions. [ 1 , 5 , 6 , 8 ]
- The discussion was with Catholic University law professor J. Joel Alicea, a former law clerk to Justice Samuel Alito. [ 5 , 7 ]
- The Guardian reported that the court's rulings this year on Louisiana's congressional map and on party spending limits were both decided 6-3 along ideological lines. [ 10 ]
Confirmed by several sources
- Kagan criticized the conservative majority's election-related rulings at Catholic University's law school in Washington on Tuesday, two weeks before the midterms. [ 1 , 5 , 6 , 7 , 8 , 10 ]
- Kagan said the court "has created a democracy that does not work as well as it should." [ 1 , 5 , 6 , 7 , 10 ]
- Kagan said both political parties have been engaged in a "race to the bottom" on partisan gerrymanders, following the court's 2019 ruling. [ 1 , 5 , 6 , 8 , 10 ]
- The conversation was with professor J. Joel Alicea, who was a law clerk to Justice Samuel Alito. [ 5 , 7 ]
- Kagan described voting rights as "foundational." [ 7 , 10 ]
Still unclear
- Kagan said it is unfair to say the majority reflexively supports the president. Only one document (The Seattle Times, citing AP) reports this, and its text is cut off.
- How the court's conservative justices respond to Kagan's remarks. None of the documents reports a response.