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Supreme Court Justice Elena Kagan said Tuesday that some recent rulings by the court’s conservative majority have undermined American democracy, Fox News reported.
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Shop NowSpeaking at Catholic University’s Columbus School of Law, Kagan singled out Louisiana v. Callais, the 6-3 decision holding that race-based gerrymandering of congressional districts was unconstitutional, along with rulings on elections and campaign finance. Kagan dissented in Callais.
According to NBC News, which Fox cited for her remarks, Kagan said decisions that limit voters’ ability to choose their candidates were “very destructive of our democracy” and that the court “has blinded itself” to the effects of its rulings on the political system.
She also called the conservative approach to originalism “misconceived.”
Kagan stopped short of accusing the court of serving President Trump, pointing to cases in which conservative justices “definitely pushed back” on his agenda.
Trump nominated three of the current justices.
Zack Smith, a senior legal fellow at the Heritage Foundation, criticized her comments in a statement to Fox News Digital.
He said the court’s job is to apply the Constitution and laws as written rather than play politics, adding that Kagan’s disagreement with her colleagues “doesn’t mean they are illegitimate or even wrongly decided.”
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