Kagan Warns Court's Recent Rulings Have Fractured Democratic Norms

Key points

• Justice Kagan criticized the conservative majority for ignoring the real-world impacts of their decisions on the political system.
• She highlighted the 2019 ruling that barred federal courts from intervening in partisan gerrymandering, which she said triggered a 'race to the bottom' among political parties.
• Kagan faulted recent rulings that weakened the Voting Rights Act, leading to redistricting in southern states that dilutes the power of Black and Latino voters.
• She expressed concern over the removal of campaign finance restrictions, describing the influx of money in politics as a 'nightmare' for citizens.
• Kagan defended the court's independence by noting it has ruled against President Trump on issues like tariffs and birthright citizenship, despite his harsh criticism of the justices.

Background

This speech comes amid a new Supreme Court term where justices are expected to rule on issues ranging from assault rifles to climate change. Kagan, nominated by President Obama in 2010, has frequently dissented from the conservative majority in election law cases. Her comments follow a period of intense political polarization, with the court's 2019 decision in Rucho v. Common Cause and recent rulings on the Voting Rights Act cited as catalysts for aggressive redistricting efforts by both parties. The timing is particularly sensitive given the upcoming November 3 midterm elections, where several states have already redrawn congressional maps to maximize seats for the majority party.

How outlets are covering it

The Washington Post, NBC News, CNN, and AP News all reported on Kagan's speech, agreeing that she delivered a significant critique of the court's conservative majority. The Washington Post emphasized her statement that the court has 'damaged democracy,' while NBC News focused on the 'evisceration' of the Voting Rights Act and the resulting redistricting in states like Texas and California. CNN highlighted the tension between Kagan's criticism and her defense of the court's independence, noting that the court has ruled against President Trump in several cases. AP News framed the speech as a warning about political polarization, noting that Kagan's remarks came two weeks before the midterm elections. All outlets noted that Kagan has dissented in the cases she criticized, and that her comments were made during a conversation with a law professor who had previously clerked for a conservative justice.

Why it matters

Kagan's speech underscores the growing concern that the Supreme Court's conservative majority is undermining the foundations of American democracy. Her critique of the court's handling of voting rights, gerrymandering, and campaign finance suggests that the court's decisions are having a direct impact on the political system, potentially exacerbating polarization and reducing the power of minority voters. The timing of her speech, just before the midterm elections, highlights the stakes of these decisions and the potential consequences for the upcoming election cycle. Kagan's defense of the court's independence, however, suggests that the court is not simply a rubber stamp for the president, but that it is still willing to rule against the administration in some cases.

What to watch

The Supreme Court is expected to issue rulings on a range of issues in the coming months, including assault rifles, climate change, and religious rights. Kagan's speech suggests that the court's conservative majority will continue to face criticism for its handling of election law cases. The November 3 midterm elections will be a key test of the impact of the court's decisions on the political system, as voters will weigh in on the redistricting efforts and the role of money in politics. The court's decisions on these issues could have a lasting impact on the balance of power in Congress and the presidency.