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Elena Kagan says Supreme Court rulings have weakened US democracy

Speaking in Washington, the justice linked redistricting, voting-rights and campaign-finance decisions to political polarization and unequal voting power.

Official portrait of Supreme Court Justice Elena Kagan in judicial robes.
Official portrait of Elena Kagan, an associate justice of the U.S. Supreme Court, made in 2010. File photograph. Steve Petteway, Collection of the Supreme Court of the United States — Elena Kagan official SCOTUS portrait (resized and converted to WebP). Public domain.Image sourceImage licence: Public domain
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US Supreme Court Justice Elena Kagan said at Catholic University of America’s law school in Washington on October 20 that court rulings on electoral maps, voting rights and campaign finance have weakened American democracy. She argued that the decisions have made voting less equal and politics more polarized as states redraw congressional districts.

Kagan, who has dissented in cases she discussed, said the court had failed to consider how its decisions affect the political system. ‘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,’ she said, according to NBC News.

How Kagan linked court rulings to electoral maps

Kagan pointed to a 2019 ruling that barred federal courts from intervening to curb extreme partisan gerrymandering. She said both parties had since engaged in a ‘race to the bottom’ in drawing districts to favor their candidates, depriving voters of equality. With fewer competitive seats, she argued, candidates face more pressure from primary voters and move toward political extremes.

She also criticized an April 2026 voting-rights ruling. NBC News reported that Republican-led states subsequently eliminated districts with Black voter majorities; Reuters described a round of redistricting across the South after the decision. Kagan’s criticism concerned the political effects she believes follow from the court’s decisions.

Campaign finance and presidential power

Kagan said a June campaign-finance ruling created opportunities for donors to corrupt candidates. She argued that the court recognizes regulation aimed at preventing exchanges of money for political favors but overlooks opportunities for such exchanges to occur, according to Reuters reporting carried by The Straits Times.

During a question-and-answer session, Kagan also criticized a ruling that gave President Donald Trump more control over federal agencies established to operate independently of the White House, NBC News reported. She warned about a president overriding other institutions of government.

Kagan nevertheless rejected the characterization of the court’s 6-3 conservative majority as a rubber stamp for Trump. She cited cases in which he lost, including his attempt to impose sweeping tariffs, and said the court had pushed back on the president in some cases.

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