Kagan Warns Court's 6-3 Majority Has Created a 'Nightmare' Democracy Ahead of Midterms

Key points

• Kagan stated that the court has created a democracy that does not work as well as it should, citing deleterious effects on the political system.
• She criticized the 2019 decision that removed federal oversight of partisan gerrymandering, calling it a race to the bottom that drives candidates toward extremes.
• Kagan condemned the April 2026 ruling in Louisiana v. Callais, which she said gutted the Voting Rights Act and led Southern states to redistrict to eliminate Black districts.
• She criticized recent campaign finance rulings that removed limits on party spending, noting that Americans view the influx of money in politics as a nightmare.
• The remarks were made two weeks before the November 3, 2026, midterm elections, with Kagan emphasizing that voting rights are foundational to a healthy political system.

Background

This criticism follows a series of conservative-majority rulings in 2026 that weakened voting protections. In April, the court struck down Louisiana’s congressional map, effectively gutting a major section of the Voting Rights Act. In June, the court struck down campaign finance restrictions limiting party spending. Earlier in the year, the court also permitted states to use the SAVE database for voter citizenship checks. Kagan, appointed by Barack Obama in 2010, is one of three liberal justices on the nine-member bench and has consistently dissented from these decisions.

How outlets are covering it

The Guardian, MS NOW, and Democracy Docket all reported on Kagan’s remarks at Catholic University, emphasizing her critique of the court’s conservative majority. The Guardian focused on her statement that the court has blinded itself to the deleterious effects of its rulings. MS NOW highlighted her dissenting opinions from the 2019 Rucho v. Common Cause decision and the 2026 Louisiana v. Callais case. Democracy Docket noted her specific criticism of the Voting Rights Act and campaign finance rulings. All sources agree that Kagan’s comments were made two weeks before the 2026 midterm elections and that she described the current political system as a nightmare. There is no disagreement among the sources on the facts of Kagan’s remarks or the court’s recent decisions.

Why it matters

Kagan’s remarks highlight the ongoing tension between the Supreme Court’s conservative majority and the liberal minority on issues of voting rights and campaign finance. Her criticism of the court’s decisions on redistricting and campaign finance suggests that these rulings have had a significant impact on the political system, fueling polarization and depriving citizens of voting equality. The timing of her remarks, two weeks before the 2026 midterm elections, underscores the relevance of these issues to the upcoming elections and the broader debate over the role of the Supreme Court in American democracy.

What to watch

The Supreme Court is currently between its October and November hearing sessions but will continue to field emergency applications regarding the midterms. There is a pending application from New Hampshire Republicans to prevent the use of student IDs in voting. The court’s decisions on voting rights and campaign finance are likely to continue to be a major issue in the 2026 midterm elections, with Kagan’s remarks providing a backdrop for understanding the political landscape the court has helped set.