Kagan accuses conservative justices of undermining democracy
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The gist
Liberal Justice Elena Kagan said the Supreme Court's conservative majority undermined democracy in voting and campaign finance rulings.
Her remarks came two weeks before midterms that will decide control of Congress.
Background
Elena Kagan is a liberal justice on the U.S. Supreme Court, nominated in 2010 by President Barack Obama and one of three Democratic appointees on the nine-member bench. She has consistently dissented as her conservative colleagues narrowed voting rights protections. Her remarks at Catholic University's law school in Washington, D.C., came two weeks before the Nov. 3 midterm elections for control of Congress, as several states redrew congressional maps to maximize seats for the majority party — a push Texas began at President Donald Trump's urging, followed by states including California.
How it unfolded
- 2019The Supreme Court ruled that federal courts cannot intervene to limit extreme partisan gerrymandering, a decision Kagan later cited as particularly harmful.
- Apr 2026The court struck down a Louisiana congressional map in Louisiana v. Callais; Kagan dissented, accusing the majority of changes that "eviscerate the law."
- Jun 2026The court struck down long-standing campaign finance restrictions, its most recent such ruling.
- Oct 20, 2026Speaking at Catholic University's law school in Washington, D.C., Kagan said the conservative majority's rulings on redistricting, campaign finance and the Voting Rights Act undermined democracy.
- Oct 21, 2026TIME, ABC News/AP, Democracy Docket and HuffPost published reports on Kagan's remarks.
Who’s saying what
- Kagan
- She said the court "blinded itself to the very deleterious effects of their rulings on how the political system works" and created a democracy that doesn't work as well as it should.
- Court majority
- In its 2019 ruling, the conservative majority held that drawing voting districts for maximum advantage is a political dispute federal courts cannot step into, and that key campaign finance regulations violate freedom of speech.
- Expert
- UCLA law professor Rick Hasen said Kagan's remarks do not go far enough and predicted more voices calling for the court to be changed through adding justices, term limits or other steps.