Justice Elena Kagan says Supreme Court rulings have undermined democracy

Supreme Court Justice Elena Kagan issued a broad critique of the conservative majority on October 20, 2026, warning that rulings on gerrymandering, campaign finance, and voting rights have damaged American democracy. Speaking at Catholic University, Kagan argued the court blinded itself to real-world impacts, enabling map manipulation in states like Texas and California while unleashing political spending. Her comments come ahead of the November 2026 midterms amid declining public trust in the bench.

Kagan criticizes rulings on democracy and originalism

• ▪Justice Elena Kagan criticized originalism at Catholic University, arguing the Constitution framers wrote for the ages and that originalism is a misconceived theory for interpreting the document
• ▪Speaking at Catholic University's law school on October 20, 2026, Justice Elena Kagan stated the Supreme Court conservative majority blinded itself to how its election-related rulings damaged democracy and deepened political polarization

Impact of Supreme Court gerrymandering decisions

• ▪Justice Elena Kagan argued partisan gerrymandering drives candidates toward political extremes because lawmakers only fear being challenged in primary elections
• ▪Justice Elena Kagan stated the Supreme Court's 2019 Rucho v. Common Cause ruling barring federal courts from reviewing partisan gerrymandering triggered a destructive race to the bottom by both political parties
• ▪Following the Supreme Court's 2019 ruling in Rucho v. Common Cause on gerrymandering, Republican-governed Texas and Democratic-led California reconfigured congressional maps ahead of the November 2026 midterm elections to target opposing party seats

Rulings limiting Voting Rights Act protections

• ▪In April 2026, the Supreme Court ruled in Louisiana v. Callais to limit Section 2 of the 1965 Voting Rights Act, curtailing majority-minority electoral district creation
• ▪Following the Supreme Court's April 2026 ruling in Louisiana v. Callais on the Voting Rights Act, several Southern states quickly initiated redistricting to eliminate majority Black and Latino U.S. House districts

Kagan's critique of campaign finance rulings

• ▪Justice Elena Kagan stated the massive infusion of political contributions into elections resulting from Supreme Court campaign finance rulings, including the June 2026 NRSC v. FEC decision, is viewed by the American public as a nightmare
• ▪Justice Elena Kagan criticized the Supreme Court's June 2026 decision in NRSC v. FEC striking down campaign spending caps, stating the ruling created opportunities for donor corruption

Public perception and court reform

• ▪A September 2026 survey by Marquette University Law School showed a majority of Americans believe Supreme Court justices are motivated mainly by politics rather than law
• ▪Democratic officials and candidates are increasingly calling for structural changes to the Supreme Court if the Democratic Party wins control of Congress