Ahead of Midterms, Elena Kagan Says the Supreme Court Is Undermining Voting Rights
The liberal justice says the conservative majority’s rulings have weakened democracy. Here’s how those decisions affect the midterms—and what Congress could do in response.
Ahead of the upcoming midterms, Supreme Court Justice Elena Kagan has criticized the conservative majority for undermining democracy and creating a more polarized electorate through their rulings. Speaking at Catholic University’s law school, Kagan stated that the court has "blinded itself to the very deleterious effect of their rulings on how the political system works" and created a "democracy that does not work as well as it should."
Specific rulings have had a significant impact on electoral maps, campaign finance, and executive authority, potentially influencing the midterms and the fate of Congress. Rick Hasen, a law professor, believes Kagan’s critiques are insufficient and suggests more radical solutions, such as adding justices or imposing term limits.
Kagan highlighted several high court decisions that have affected this year's elections, including Louisiana v. Callis, which struck down a Louisiana congressional district drawing that favored Black voters and weakened the 1965 Voting Rights Act. She also mentioned Rucho v. Common Cause, which prevents federal courts from blocking electoral maps that unfairly favor one party, leading to gerrymandering in states like Texas, North Carolina, Ohio, and Florida.
Campaign finance rules have also come under scrutiny, with a recent 6-3 ruling allowing political parties to spend unlimited amounts on television ads coordinating with candidates. Kagan expressed concern that the money spent on politics is a "nightmare" for Americans, and the increasing influence of money could further polarize the nation.
Regarding presidential powers, Kagan criticized the court's decision in Trump v. Slaughter, which removed protections against firing Federal Trade Commission commissioners without cause, giving the president more control over independent agencies. This expansion of presidential power could lead to abuse of prosecutorial discretion against political opponents, as seen in the Trump Administration's investigation into a Democratic representative.
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