Justice Elena Kagan criticizes Supreme Court's conservative majority for gerrymandering decisions

Justice Elena Kagan warned on Tuesday that the Supreme Court’s conservative majority is “undermining democracy” after a string of decisions that she says tilt the political system in favor of partisan interests, including the 2019 ruling that effectively opened the door to unchecked gerrymandering of congressional districts.

Kagan’s criticism comes as the Court, reshaped by three Trump‑appointed justices, has moved further right on issues ranging from voting rights to abortion. The landmark case of Rucho v. Common Cause, in which the Court held that claims of partisan gerrymandering are political questions beyond judicial review, has allowed state legislatures to draw maps with minimal oversight. That decision, along with recent rulings that upheld restrictive voting laws in several states, has heightened concerns among Democrats and voting‑rights advocates that the judiciary is no longer a neutral arbiter but a tool for partisan advantage.

In her remarks, Kagan highlighted the practical impact of the gerrymandering precedent, noting that “the very shape of our representative government is being redrawn by partisan hands.” Conservative legal scholars defended the rulings as a return to constitutional originalism, arguing that courts should not intervene in political questions. Republican members of Congress have dismissed Kagan’s comments as partisan rhetoric, while progressive groups have called for legislative fixes such as independent redistricting commissions and even a constitutional amendment to restore judicial oversight of electoral fairness.

The clash is likely to intensify as the Court prepares to hear cases that could further define the scope of its power over elections, including challenges to state voter‑ID laws and the use of electronic voting machines. Lawmakers in several states are already drafting bills to create nonpartisan redistricting bodies, and President Biden’s administration has signaled support for broader election reforms. Whether those efforts will succeed depends on a political landscape that Kagan warns is being reshaped by a Supreme Court that, in her view, is moving away from its role as a guardian of democratic norms.