Justice Elena Kagan says the Court is blinding itself to reality
By Adele Rutherford · Reporting from Atlanta ·
Speaking at the Catholic University of America, Justice Elena Kagan argued that the conservative majority has undermined democracy through rulings on voting and money, a process that trades legitimacy for utility.
The conservative majority of the Supreme Court is wrong. It has mistaken the abdication of judicial duty for the protection of state sovereignty. This term refers to the power of states to govern themselves. Justice Elena Kagan spoke at the Catholic University of America law school on October 20, 2026. She accused her colleagues of undermining democracy. She is correct. The majority has not found a new principle. It has simply stopped doing its job. By refusing to police the boundaries of the political system, the Court has handed a weapon to aggressive actors.
The abdication of the umpire
In 2019, the Court decided Rucho v. Common Cause. It held that federal courts cannot stop partisan gerrymandering. This practice involves drawing district lines to favor one political party. The Court ruled these are nonjusticiable political questions. This means they are beyond the authority of federal judges. Kagan called this a "race to the bottom." NBC News reports that this ruling led to the elimination of competitive districts. This is the Rucho v. Common Cause echo in real time. When the Court calls a dispute "political," it does not solve the problem. It just tells the parties that the rules no longer apply.
Texas and California redrew maps before the November 3 midterms. President Donald Trump urged Texas to do so. This is not neutrality. It is a surrender. The Court has created a democracy that does not work as well as it should. It has blinded itself to the deleterious effects of its own rulings.
The cost of state sovereignty
The Court is now turning on the Voting Rights Act of 1965. This federal statute prohibits racial discrimination in voting. In Louisiana v. Callais, the majority gave state legislators more room to dilute minority voting power. CNN notes that Kagan read her dissent from the bench. This follows the pattern of Shelby County v. Holder.
In that 2013 case, the Court struck down the preclearance formula. Preclearance required certain jurisdictions to obtain federal approval before changing voting laws. The mechanism is the same as the original Voting Rights Act of 1965. Federal statutory protections for minority voters are systematically dismantled by judicial interpretations of state sovereignty. The Court treats the law as a burden rather than a shield. It is an irony that Kagan delivered these remarks at an institution currently censured by the American Association of University Professors. The setting matches the mood of the Court. Both have decided that certain voices are simply not welcome in the room.
The nightmare of the open door
The damage extends to the treasury and the executive. In June 2026, the Court struck down campaign finance restrictions in National Republican Senatorial Committee v. Federal Election Commission. Kagan called the resulting flood of money a "nightmare." This is the logical end of the Citizens United v. FEC echo.
More dangerous is the expansion of executive power. A 2026 ruling gave President Donald Trump more control over independent agencies. WBAL-TV reports that Kagan warned of a president "riding roughshod" over other institutions. We see this now in the case of Trump v. Cook. The president used a Court-approved committee to target Federal Reserve Governor Lisa D. Cook. He sought her removal by manufacturing "cause" through an executive inquiry. In this context, cause refers to the legal justification required to fire a protected official. The Court provided the tool. The president is now using it.
The conservative majority believes it is restoring a lost order. It is actually spending capital it cannot replace. Legitimacy is a stock that refills slowly. By treating the Voting Rights Act as a dead letter and the executive as an unchecked force, the Court has built a tool that will eventually be used by its own enemies. A rule that only works while your side holds the gavel is not a rule. It is a temporary advantage. The Court has traded the passive virtues for a short-term score. The political system is the price.