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In a speech two weeks before the pivotal midterm elections for
control of Congress, the liberal-leaning justice sharply
criticized how the majority’s rulings have affected the nation’s
political environment.
“The court has kind of blinded itself to the very deleterious
effect of their rulings on how the political system works and
has created a democracy that does not work as well as it
should,” she said during a talk before students and professors
at Catholic University's law school in Washington, D.C.
She blasted rulings that weakened the Voting Rights Act and
campaign finance regulations while opening the door for more
partisan gerrymandering. She dissented from those decisions.
“Over the last couple of years especially, both political
parties have been engaged in a race to the bottom in terms of
doing these partisan gerrymanders, … making what I think is
unfortunately a too polarized country even more so,” she said.
“The people of America look around and think that all this money
chasing all these political candidates is a nightmare, and
they're right.”
The court’s majority, for its part, said in a 2019 ruling that
courts drawing voting districts for maximum advantage is a
political dispute and federal courts can’t step in.
Conservatives have separately ruled that key campaign finance
regulations violate the freedom of speech. This year, the court
further narrowed protections in the Voting Rights Act, which had
helped increase minority representation.
That helped feed a redistricting frenzy touched off by President
Donald Trump, who is trying to hold on to the Republicans' slim
House majorities in the November election.
Still, Kagan said it's unfair to say the majority reflexively
supports the president. She pointed to key areas where the court
has pushed back against Trump, including tariffs, birthright
citizenship and mail ballots.
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