Updated
Updated · The New York Times · Oct 21
Kagan Says Supreme Court Rulings Since 2019 Deepened Polarization Ahead of Midterms
Updated
Updated · The New York Times · Oct 21

Kagan Says Supreme Court Rulings Since 2019 Deepened Polarization Ahead of Midterms

2 articles · Updated · The New York Times · Oct 21

Summary

  • Justice Elena Kagan said the court’s conservative majority has made U.S. democracy work less well through election rulings she says intensified polarization, speaking two weeks before closely contested midterm elections.
  • Kagan tied that damage to decisions that loosened campaign-finance limits, allowed partisan gerrymandering to escape federal court review and weakened major voting-rights protections.
  • The 2019 ruling barring federal challenges to partisan maps, she said, triggered a bipartisan “race to the bottom” in redistricting that advantages whichever party controls the process.
  • Her remarks at Catholic University went beyond case-by-case dissents, amounting to a broad indictment of how the court’s election jurisprudence has reshaped the political system.

Insights

Can the judiciary effectively balance strict doctrinal interpretations with real-world impacts on democratic stability?
How do last-minute judicial decisions impact the practical administration of elections for local officials?
What structural reforms might best address the growing public skepticism toward the judicial system?