Justice Kagan Says Supreme Court Rulings Have Harmed Democracy Ahead of Nov. 3 Midterms

Justice Elena Kagan said on Tuesday that the Supreme Court's conservative majority has undermined democracy through rulings on voting rights, partisan gerrymandering and campaign finance. She spoke at Catholic University's law school in Washington. Kagan, who dissented in those cases, said the majority lacked appropriate concern for the consequences of its decisions and has produced a democracy that works less well than it should. She cited the 2019 ruling that federal courts cannot limit extreme partisan gerrymandering, a ruling this year weakening the Voting Rights Act that led Republican states to eliminate majority Black districts, and the most recent campaign finance ruling, in June. Several states have redrawn congressional maps before the Nov. 3 midterms, increasingly eliminating competitive districts.

Right-leaning outlets had not reported this story at the time of writing; left-leaning and alternative outlets had. Left-leaning outlets focus on Kagan's remarks. The New York Times stresses her view that the rulings have deepened polarization, while NBC News gives her quotes and the specific rulings and redistricting effects. The alternative outlet Truthout, in the material available, frames the Roberts Court as dismantling safeguards that kept elections peaceful and prevented a president from turning state agencies against rivals.