Kagan: Supreme Court conservative rulings have created a 'nightmare' for US democracy

Liberal justice says court has 'blinded itself' to effects of redistricting and campaign finance decisions

By LineZotpaper

Published21 October 2026

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Justice Elena Kagan has launched a blistering critique of the US Supreme Court's conservative majority, arguing that its recent rulings on redistricting and campaign finance have undermined American democracy and made the political system 'a nightmare.' Speaking at Catholic University's law school in Washington DC on Tuesday, the liberal justice warned that the court's decisions were pushing candidates toward the extremes and deepening polarization, just two weeks before the midterm elections.

Elena Kagan, one of the three liberal justices on the 6-3 conservative-dominated Supreme Court, said the court had 'blinded itself to the very deleterious effects of their rulings on how the political system works.' Her remarks were reported by multiple outlets covering a discussion at Catholic University's law school.

Kagan specifically criticized two major decisions from the court. Earlier this year, the court struck down Louisiana's congressional map, effectively gutting a major section of the Voting Rights Act. In June, it also struck down campaign finance restrictions limiting how much political parties may spend on candidates. Both decisions were split 6-3 along ideological lines.

Describing voting rights as 'foundational,' Kagan argued: 'If you basically get democracy down, if you get a well-functioning, healthy political system then you can count on that political system for a wide range of outcomes.'

The justice also took aim at the court's 2019 ruling that federal courts should not police partisan gerrymandering. As a result, she said, 'both political parties have been engaged in a race to the bottom in terms of doing these partisan gerrymanders, effectively depriving masses of citizens of their rights to voting equality.'

Kagan linked the decision to growing political polarization, saying it pushes candidates 'away from the center, toward the wings, toward the extremes, because the only thing anybody has to worry about anymore is being primaried.' She added that the ruling 'is making what I think is unfortunately a too polarized country even more so.'

Turning to campaign finance, Kagan said increasing amounts of money in politics were damaging public trust. 'The people of America look around this political system and think that all this money chasing all these political candidates is a nightmare,' she said. 'And they're right.'

Kagan, appointed by President Barack Obama, did not comment on specific upcoming cases but made clear her view that the court's current trajectory poses a threat to democratic functioning.

Analysis

Why This Matters

Kagan's remarks highlight a deepening divide over the Supreme Court's role in shaping electoral rules, with significant implications for voting access and political representation.
The midterm elections, just two weeks away, will test whether the court's decisions on redistricting and campaign finance have already shifted the political landscape.
The critique from a sitting justice underscores growing concerns about the court's legitimacy and its impact on democratic processes.

Background

The US Supreme Court has a 6-3 conservative majority following the appointments of three justices by President Donald Trump. The court has issued a series of decisions that weaken the Voting Rights Act and campaign finance limits, which critics argue disproportionately affect minority voters and empower wealthy donors. The 2019 gerrymandering ruling prevented federal courts from hearing partisan gerrymandering claims, effectively giving state legislatures free rein to draw district lines for political advantage. Kagan's comments come amid ongoing battles over congressional maps in several states, including Louisiana, where the court struck down a map earlier this year.

Key Perspectives

Justice Elena Kagan and liberals: Her position is that the court's conservative majority has failed to recognize the real-world consequences of its rulings, enabling gerrymandering and unlimited campaign spending that degrade democracy. She argues that the court should defer less to partisan actors and protect voting rights more robustly. Conservative justices and supporters: Conservative legal scholars typically defend these rulings as faithful to the Constitution's text, arguing that the Voting Rights Act section struck down was outdated and that campaign finance limits violate free speech. They maintain that partisan gerrymandering is a political question not suitable for judicial resolution. Voting rights advocates: Civil rights groups have warned that the court's decisions threaten to entrench minority rule and reduce electoral competition. They point to maps in states like Ohio and Texas as examples of extreme gerrymandering.

What to Watch

The outcome of the November midterm elections, which could shift control of Congress and influence future voting legislation.
Potential Supreme Court cases challenging state-level gerrymandering or campaign finance laws, which could further clarify or constrain the court's position.
Public trust in the Supreme Court: Kagan's forceful critique may resonate with the public and intensify debates over court reforms such as term limits or expansion.

Sources

Kagan says supreme court conservatives have made US political system ‘a nightmare’ · World news | The Guardian

Checked

8 claims in this story checked against 1 source: 4 supported.

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Partly supportedThe Supreme Court’s conservative rulings created a “nightmare” for US democracy.World news | The Guardian: “Kagan also criticized the court’s decisions on campaign finance rules, and the increasing amounts of money in politics. “The people of America look around this political system and think that all this money chasing all these political candidates is a nightmare,” she said.”
Partly supportedKagan said the court had “blinded itself” to the effects of its rulings.World news | The Guardian: ““The court has kind of blinded itself to the very deleterious effects of their rulings on how the political system works,” said Kagan”
Partly supportedThe court’s recent redistricting and campaign-finance decisions pushed candidates toward extremes and deepened polarization.World news | The Guardian: “Kagan said that decision was pushing political candidates “away from the center, toward the wings, toward the extremes, because the only thing anybody has to worry about ⁠any more is being primaried”.”
SupportedKagan said recent rulings on redistricting and campaign finance had undermined American democracy.World news | The Guardian: “Elena Kagan criticized rulings made by the US supreme court’s conservative majority this week, arguing that its recent decisions on redistricting and campaign finance had undermined America’s democracy.”
SupportedKagan spoke at Catholic University’s law school in Washington DC on Tuesday.World news | The Guardian: “said Kagan, one of the court’s three liberal justices, during a discussion at Catholic University’s law school in Washington DC on Tuesday, according to multiple reports.”
SupportedThe remarks came just two weeks before the midterm elections.World news | The Guardian: “Kagan’s remarks come just two weeks before the midterm elections and amid battles over congressional redistricting .”
SupportedThe two decisions were split 6-3 along ideological lines.World news | The Guardian: “Both decisions were split 6-3 along ideological lines.”
Not in the sourcesKagan did not comment on specific upcoming cases.