Kagan attacks court majority

Justice Elena Kagan sharply criticized the Supreme Court's conservative majority on Tuesday, saying it undermined democracy through rulings on gerrymandering, voting rights and campaign finance.

The court ignored consequences

Kagan said the court majority lacked appropriate concern for the consequences of its decisions. The court has blinded itself to the harmful effects of its rulings on how the political system works.

“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.”

The 2019 gerrymandering ruling

Kagan focused on the 2019 Supreme Court ruling that said federal courts could not intervene to limit extreme partisan gerrymandering. This decision has been particularly harmful, she said.

States redraw maps to maximize power

Heading into the November third midterm elections, several states have redrawn congressional maps to maximize seats for the majority party. Texas started, followed by California and others.

Both parties race to the bottom

As a result of the 2019 ruling, both parties have engaged in a race to the bottom in partisan gerrymandering. The lopsided maps deny voters their rights to voting equality.

“both parties have been engaged in a race to the bottom in terms of doing these partisan gerrymanders.”

Gerrymandering drives polarization

Lopsided districts drive candidates toward extremes because they only need to win the primary. This makes an already polarized country even more so, Kagan said.

“driving people away from the center, towards the wings, toward the extremes”

Campaign money is a nightmare

Kagan criticized the court's campaign finance rulings that allow unlimited money in politics. She said voters see the money chasing political candidates as a nightmare, and they are right.

“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.”

Voting Rights Act gutted

Kagan mentioned a series of rulings that have gutted the landmark nineteen sixty-five Voting Rights Act, including one this year that led to Republican states eliminating majority Black districts.

Concerns about presidential power

Kagan was also critical of the Supreme Court's ruling this year that gave Trump greater control over independent federal agencies. She questioned the wisdom of giving the president too much power.

“danger of one president being able to ride roughshod over all the other institutions of government and over the people.”

Court pushes back on president

Kagan defended the court's six to three conservative majority against claims it is a rubber stamp for Trump. She cited rulings where the president lost, including his attempt to impose sweeping tariffs.