Justice Elena Kagan delivered a blunt diagnosis of American democracy Tuesday night, telling a Catholic University audience that the Supreme Court’s own rulings have broken the political system. Speaking weeks before the midterm elections, the Obama appointee singled out her colleagues’ decisions on voting rights, campaign finance and partisan gerrymandering as core failures.
“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 said.
Three Rulings That Changed American Elections
Kagan pointed to specific cases where she wrote sharp dissents against the conservative majority. The court blocked federal judges from stopping partisan gerrymandering, loosened campaign finance rules designed to prevent corruption, and gutted key provisions of the Voting Rights Act. In each case, Kagan argued the majority ignored real-world consequences.
The justice said partisan gerrymandering has triggered a “race to the bottom” between political parties, depriving citizens of meaningful voting power. When courts stepped back from policing how politicians draw district lines, both parties accelerated efforts to lock in advantages through map-drawing.
A Rare Public Challenge From the Bench
Supreme Court justices rarely criticize their colleagues’ work so directly in public forums. Kagan’s remarks signal deep frustration within the court over election law jurisprudence that has reshaped American politics over the past decade.
The timing amplifies the stakes. With midterms approaching, battles over voting access, district maps and campaign money dominate races nationwide. Kagan argued that current political dysfunction proves the court’s majority got these cases wrong.
The justice’s critique puts a spotlight on the court’s role in America’s democratic machinery just as voters head to the polls. Whether her colleagues respond—or whether voters factor the court’s election rulings into their choices—remains to be seen as November approaches.
Key Points
- Justice Kagan said Supreme Court rulings created “a democracy that does not work as well as it should”
- She criticized decisions allowing partisan gerrymandering, loosening campaign finance rules, and gutting the Voting Rights Act
- The unusually direct public criticism came weeks before midterm elections, highlighting the court’s role in shaping American politics
https://www.courthousenews.com/kagan-diagnoses-american-democracy-with-a-supreme-court-problem/ – October 21, 2026
