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Kagan Says Supreme Court Rulings Have Hurt Democracy

Published 21 October 2026

Supreme Court Justice Elena Kagan said the court’s recent election-related rulings have weakened American democracy by failing to account for their effects on voting, political representation and campaign finance. Her remarks came during a discussion at Catholic University’s law school in Washington, D.C., on Tuesday, October 20, 2026, according to reports of the event. Kagan argued that the court had blinded itself to the consequences of its decisions and had helped create a democracy that does not work as well as it should. Her comments addressed several rulings in which she had dissented, including decisions on partisan redistricting, voting-rights protections and limits on political spending. She pointed to the court’s 2019 decision in Rucho v. Common Cause, which held that claims of partisan gerrymandering present political questions federal courts cannot resolve. Kagan argued that the ruling left voters with fewer meaningful choices and encouraged both parties to draw districts for partisan advantage. She said such maps could push candidates toward ideological extremes as they compete in primary elections, contributing to polarization. Kagan also criticized decisions...

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