Kagan Warns Conservative Justices Are Eroding Democracy

WHO:

CNN - Kagan is one of three liberal justices on the nine-member Supreme Court.

CNN - Catholic University law professor J. Joel Alicea, a former law clerk to Justice Samuel Alito, directs the school’s Center for the Constitution and Catholic Intellectual Tradition.

Alternet - Justice Elena Kagan criticized the Supreme Court’s conservative majority and said she had dissented in the cases she discussed.

Alternet - Kagan spoke during a question-and-answer session with Professor Joel Alicea at Catholic University’s law school.

NBC News - Elena Kagan is a liberal Supreme Court justice.

Alternet - The Voting Rights Act was enacted to protect minority voters.

Alternet - President Donald Trump urged conservative states to redraw congressional maps.

WHAT:

Alternet - Kagan said candidates were “driving people away from the center, towards the wings, toward the extremes” because they only had to worry about winning primary elections.

The Guardian - Kagan said both political parties had engaged in “a race to the bottom” through partisan gerrymandering, depriving many citizens of voting equality.

The Guardian - Kagan said states were trying to turn large, politically diverse states “all red or all blue,” which she said was destructive to democracy.

The Guardian - The Supreme Court’s Louisiana map ruling and its campaign-finance ruling were both 6-3 decisions along ideological lines.

The Guardian - Kagan was appointed to the Supreme Court by Barack Obama.

CNN - Kagan said the Court’s rulings had “blinded itself to the very deleterious effects of their rulings on how the political system works.”

CNN - Kagan said the Court’s election-law decisions had “created a democracy that does not work as well as it should.”

CNN - Kagan said that if democracy and a healthy political system function well, people can count on that system for “a wide range of outcomes.”

CNN - In *Louisiana v. Callais*, the majority gave state legislators greater latitude to draw maps that may dilute the political power of Black and Latino voters.

CNN - After the *Louisiana v. Callais* ruling, several southern states began redistricting in ways designed to give White Republican candidates an advantage.

CNN - Kagan said her mission-related question was whether the political system would operate as intended by the Constitution and Congress.

CNN - Kagan said the Court “has created a democracy that does not work as well as it should.”

CNN - Kagan described the Court’s mission as determining whether the political system operates as intended by the Constitution and Congress.

CNN - Kagan’s dissent in *Rucho v. Common Cause* condemned the Court’s decision barring federal judges from reviewing and preventing partisan gerrymandering in congressional maps.

CNN - Kagan called election law “just about the most important thing that the court does” and described voting rights as “foundational,” saying a healthy political system can support “a wide range of outcomes.”

CNN - Kagan read portions of her dissent in *Louisiana v. Callais* from the bench and soon lost her voice.

CNN - Kagan said she had found herself dissenting in election-law cases “more than I would like.”

Alternet - Kagan said Supreme Court rulings had undermined democracy and made the political system work less effectively.

Alternet - Kagan said the Court’s decisions reflected “a kind of lack of the appropriate concern or understanding of the consequences” and that it had “blinded itself to the very deleterious effects of their rulings on how the political system works.”

Alternet - Kagan criticized rulings that struck down campaign-finance restrictions and what she called the “evisceration” of the Voting Rights Act.

NBC News - Kagan criticized recent rulings, including one that paved the way for extensive partisan gerrymandering of legislative districts.

Alternet - Kagan said lopsided maps deny people “their rights to voting equality” and push candidates toward political extremes because they need to win primary elections.

Alternet - Kagan described the redistricting conflict as “a race to the bottom” and said it was making an already “too polarized” country more polarized.

Alternet - Kagan said Americans view the money flowing to political candidates as “a nightmare.”

Alternet - Texas initiated mid-decade redistricting; California then sought to mitigate its effects, followed by additional redistricting efforts in Republican-led states.

Alternet - Republican states redrew congressional maps to maximize seats for the majority party, often at the expense of majority-Black districts.

WHERE:

Alternet - Kagan spoke at Catholic University’s law school in Washington, D.C.

Alternet - The redistricting described involved Texas, California, and other Republican-led states.

WHEN:

CNN - Kagan’s remarks came two weeks before the midterm elections.

CNN - CNN reported that Kagan’s dissent in *Louisiana v. Callais* was handed down in April.

WHY:

Alternet - Kagan said the Court had shown “a lack of the appropriate concern or understanding of the consequences of their decisions.”

Alternet - Kagan said the Court had failed to account adequately for the consequences of its rulings for the political system.

Alternet - According to Alternet’s report of NBC News, a Supreme Court ruling in 2019 held that federal courts could not intervene to limit extreme partisan gerrymandering.

HOW:

CNN - During the event, Alicea acknowledged that election law was plainly important to Kagan before inviting her to discuss her dissents.

CNN - Catholic University had previously hosted several conservative Supreme Court justices; Kagan was appearing on campus as a speaker for the first time.

CNN - Alicea opened the hour-long session by inviting Kagan to discuss her dissenting views.

Alternet - Alternet reported that a series of rulings weakened the Voting Rights Act, including a ruling it described as occurring this year that led Republican states to eliminate majority-Black districts.

Alternet - Alternet reported that the conservative majority repeatedly struck down campaign-finance restrictions, allowing political parties to direct more money into campaigns.

(UPDATED October 22, 2026 00:07 UTC)

Justice Elena Kagan says the Supreme Court’s election-law rulings are weakening democracy and making the political system work less effectively. Speaking at Catholic University’s law school in Washington, she criticized the conservative majority for failing to consider the consequences of its decisions. Kagan said she had dissented in several cases, including rulings on campaign-finance restrictions and the Voting Rights Act, which protects minority voters. She also condemned the Court’s decision giving states greater latitude to draw congressional maps that could dilute Black and Latino voters’ political power. After that ruling, several Southern states began redistricting to benefit White Republican candidates. Kagan called partisan mapmaking a “race to the bottom,” warning that lopsided districts deny voting equality and push candidates toward political extremes. She said healthy democracy should allow for a wide range of outcomes.

(UPDATED October 21, 2026 22:18 UTC)

Justice Elena Kagan has accused the Supreme Court’s conservative majority of weakening American democracy through its election-law decisions. Speaking at Catholic University’s law school in Washington, she said the Court had failed to grasp the damaging effects of its rulings on the political system. Kagan criticized decisions on partisan redistricting, campaign finance and the Voting Rights Act, which was enacted to protect minority voters. In the Louisiana map case, the majority gave lawmakers more latitude to draw districts that could dilute Black and Latino voters’ political power. Kagan said both parties had engaged in “a race to the bottom,” producing maps that deny voting equality and deepen polarization. Texas launched mid-decade redistricting, California responded, and other Republican-led states pursued changes to boost their party’s advantage. Kagan said election law is among the Court’s most important responsibilities, because a healthy democracy should allow a wide range of political outcomes.

(UPDATED October 21, 2026 17:18 UTC)

Justice Elena Kagan sharply criticized the Supreme Court’s conservative majority, saying its election-law rulings have left American democracy working less effectively. Speaking at Catholic University’s law school in Washington, she said the Court had “blinded itself” to the harmful effects of its decisions on the political system. Kagan called election law one of the Court’s most important responsibilities and voting rights “foundational,” arguing that a healthy democracy should allow for a wide range of political outcomes. She pointed to rulings on campaign finance, partisan gerrymandering and the Voting Rights Act, including the recent Louisiana v. Callais decision. That ruling gave legislators more latitude to draw maps that could weaken Black and Latino voters’ influence. Several southern states have since pursued maps favoring White Republican candidates. Kagan said she had dissented in these cases more often than she would like, and warned that the redistricting fight is deepening political polarization.

(UPDATED October 21, 2026 16:11 UTC)

Justice Elena Kagan says Supreme Court rulings have weakened American democracy, warning that the political system no longer works as well as it should. Speaking at Catholic University’s law school in Washington, she criticized the conservative majority for failing to consider the consequences of its decisions. Kagan pointed to rulings that struck down campaign-finance restrictions and weakened the Voting Rights Act, which was enacted to protect minority voters. She also condemned the Court’s decision barring federal judges from intervening against partisan gerrymandering. Kagan said lopsided maps undermine voting equality and encourage candidates to appeal to political extremes. The dispute has spread from Texas to California and other Republican-led states, where redistricting has often come at the expense of majority-Black districts. Kagan called election law one of the Court’s most important responsibilities and described voting rights as foundational.

(UPDATED October 21, 2026 04:12 UTC)

Justice Elena Kagan called election law “just about the most important thing that the court does” and voting rights “foundational,” arguing that a healthy political system can support “a wide range of outcomes.” Speaking at a Catholic University event opened by law professor J. Joel Alicea, Kagan said she had been dissenting in election-law cases “more than I would like,” and read parts of her dissent in *Louisiana v. Callais* from the bench before soon losing her voice. Kagan is one of three liberal justices on the Supreme Court, and her remarks came two weeks before the midterm elections.

(UPDATED October 21, 2026 02:20 UTC)

Justice Elena Kagan criticized the Supreme Court’s conservative majority, saying its rulings have undermined democracy and failed to account for their harmful effects on the political system. Speaking at Catholic University’s law school in Washington, D.C., she took aim at decisions weakening the Voting Rights Act, striking down campaign-finance restrictions and enabling extensive partisan gerrymandering. Kagan said lopsided maps deny voters equality and push candidates toward extremes, as redistricting efforts in Texas, California and Republican-led states fuel what she called “a race to the bottom” in an already polarized country.