Kagan Warns Conservative Rulings Have Been 'Destructive of Our Democracy'
Supreme Court Justice Elena Kagan criticized recent conservative decisions on voting rights and campaign finance, saying the court has ignored the consequences of its rulings and contributed to political polarization.
Supreme Court Justice Elena Kagan said some recent decisions by the court's conservative majority have undermined democracy, arguing that the justices have failed to grasp how their rulings affect the political system. Kagan made the remarks during a discussion on recent Supreme Court decisions at Catholic University's Columbus School of Law.
She singled out Louisiana v. Callais, the 6-3 decision that struck down race-based gerrymandering of congressional districts as unconstitutional. In her dissent, Kagan described the ruling as the «latest chapter in the majority's now-completed demolition of the Voting Rights Act.» She also criticized the court's election and campaign finance decisions, saying the majority has «blinded itself to the very deleterious effects of their rulings on how the political system works.»
«Part of the reason why the court got it wrong was a kind of lack of the appropriate concern or understanding of the consequences of their decisions,» Kagan said. She warned that decisions limiting voters' ability to choose their candidates are «very destructive of our democracy» and said the court «has created a democracy that doesn't work as well as it should.»
Kagan also took aim at the conservative legal doctrine of originalism, calling it «misconceived» and «not a very good match with the Constitution we have.» She said the rulings have contributed to the country becoming more polarized, particularly around campaign finance. «I think you know the people of America look around this political system and think that all this money, chasing all these political candidates, is a nightmare, and they're right,» she said.
At the same time, Kagan stopped short of accusing the court of being beholden to President Donald Trump. She noted that in several cases even the conservative justices «definitely pushed back» on his agenda. Trump nominated three of the current justices: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
The remarks drew a sharp response from the Heritage Foundation. Zack Smith, a senior legal fellow for courts and the Constitution, rejected Kagan's criticism and defended the majority's decisions. «The job of the Court is not to play politics with its decisions. Instead, its job is to faithfully apply the Constitution and other laws as they are written,» Smith said. «Justice Kagan has disagreed with the majority of her colleagues in some of those decisions, but that doesn't mean they are illegitimate or even wrongly decided.»
Kagan's comments add to a broader debate over the court's role and public standing. Her criticism of the Voting Rights Act ruling and campaign finance decisions reflects a long-running disagreement with the conservative majority, while her acknowledgment that the justices have checked the Trump administration at times suggests a more complicated relationship than her harshest critics describe.
The exchange also highlights the political pressure surrounding the court. Conservative groups have previously questioned Kagan's impartiality in upcoming climate litigation, and some Democrats have called for expanding the court. Kagan's remarks are likely to intensify both the defense of the court's rulings and the criticism of its direction.
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