Justice Elena Kagan warns Supreme Court’s conservative majority is deepening polarization
Kagan said the bench’s partisan gerrymandering decisions are pushing politicians toward extremes and eroding democratic norms.
By Felo News Desk · Published
Supreme Court Justice Elena Kagan warned on Tuesday that the Court’s conservative majority is intensifying political polarization and eroding voting equality through partisan redistricting decisions.
What happened
Kagan delivered the remarks to law students at Catholic University’s law school in Washington, D.C., two weeks before the midterm elections. She said the Court’s recent rulings on congressional redistricting have created a "race to the bottom" by allowing both parties to draw maps that favor their candidates, thereby depriving citizens of equal voting rights.
What the reports add
The Independent noted that Kagan said the court’s 6‑3 conservative majority "gutted a core element of the landmark 1965 Voting Rights Act" and that the resulting redistricting frenzy was "encouraged by Trump" as Republicans sought to retain House majorities. The outlet also quoted her describing how gerrymandering pushes politicians "toward the extremes, because the only thing anybody has to worry about anymore is being primaried."
The Winnipeg Free Press, citing the Associated Press, highlighted Kagan’s broader framing of the issue as a threat to democracy, quoting her: "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." The article added that she pointed to other areas where the Court has pushed back against former President Donald Trump, including tariffs, birthright citizenship and mail‑ballot rules.
What was said
"Both political parties have been engaged in a race to the bottom in terms of doing these partisan gerrymanders, effectively depriving masses of citizens of their rights to voting equality," Kagan told the audience, Independent.
"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," Kagan said, Winnipeg Free Press.
"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 added, Winnipeg Free Press.
"The people of America look around and think that all this money chasing all these political candidates is a nightmare, and they’re right," Kagan said, Winnipeg Free Press.
How it came about
Kagan’s speech follows a series of high‑profile Supreme Court actions this term, including the Court’s review of the Montgomery County middle‑school admissions case (see Felo coverage). The justices have been divided on issues that affect voting rights and representation, with liberal justices previously indicating they would have denied emergency requests related to immigration enforcement. Kagan also referenced the Court’s recent decision that stripped a key provision of the Voting Rights Act and a June ruling that struck down caps on party campaign spending, which she said enables greater potential for donor corruption. Her comments underscore ongoing concerns within the Court about the political consequences of its rulings."
Key facts
- Justice Elena Kagan warned that the Court’s conservative majority is deepening political polarization through partisan redistricting. (independent.co.uk)
- Kagan delivered the remarks at Catholic University’s law school in Washington, D.C., two weeks before the midterm elections. (winnipegfreepress.com)
- Both parties have engaged in gerrymandering that Kagan described as a "race to the bottom" that harms voting equality. (independent.co.uk)
