Kagan Says Supreme Court Rulings Fueling Polarization, Undermining Democracy

Justice Elena Kagan said Tuesday that decisions from her conservative Supreme Court colleagues have contributed to increased political polarization and diminished democracy in the U.S. The remarks came two weeks before the midterm elections.

"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 stated during a speech at Catholic University's law school in Washington, D.C.

Kagan, a liberal-leaning justice, sharply criticized the impact of the majority’s rulings on the nation’s political environment. She specifically pointed to decisions that weakened the Voting Rights Act and campaign finance regulations, as well as those that allowed for more partisan gerrymandering. Kagan dissented from these 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."

In recent years, the court's majority has ruled that federal courts cannot intervene in disputes over voting districts drawn for maximum partisan advantage. Conservatives have also ruled that certain campaign finance regulations violate free speech rights. This year, the court further limited protections within the Voting Rights Act, which had previously been instrumental in increasing minority representation.

Kagan also noted that it is inaccurate to suggest the court's majority consistently supports the president. She cited instances where the court has pushed back against presidential actions, including decisions concerning tariffs, birthright citizenship, and mail-in ballots.