Justice Kagan Warns Supreme Court Is Undermining Democracy in Recent Speech

Justice Elena Kagan addressed students at Catholic University’s law school, asserting that the Supreme Court’s recent decisions are damaging democratic governance by privileging one political party and wealthy donors. She described the public’s perception that the system is “cooked” and highlighted how the Court’s erosion of campaign-finance rules and tolerance of gerrymandering hinder ordinary citizens’ political voice.

Kagan also denounced originalism, calling it a “project” at odds with the Constitution’s evolving character. The speech, delivered shortly before the midterms, was framed as a call for voters to engage and push for court reform. Legal analysts Dahlia Lithwick and Madiba K. Dennie reflected on the rarity of a sitting justice openly criticizing the Court’s trajectory.