Wertheimer Political Report, October 22, 2026
DEMOCRACY 21 NEWS
Justice Kagan this week powerfully challenged the Supreme Court majority for the damage its decisions have done to our democracy.
Kagan criticized the Court majority’s rulings weakening the Voting Rights Act, loosening campaign finance restrictions and removing federal courts from addressing extreme partisan gerrymandering. She said the Court has “created a democracy that does not work as well as it should.” She also warned about decisions expanding presidential control over independent federal agencies, saying the danger is that they allow a president to “ride roughshod over all the institutions of government.”
Her comments echo the concerns I raised in July in my article, “The Supreme Court Majority Rewrote the Rules of Democracy, Empowered an Authoritarian Presidency, and Set the Stage for Trump.”
The Washington Post article on Justice Kagan’s comments is available here and below.
Washington Post
October 20, 2026 at 8:59 p.m
By Justin Jouvenal
With pivotal midterm elections two weeks away, Supreme Court Justice Elena Kagan said Tuesday the high court’s recent decisions on voting and campaign finance have damaged the nation’s democracy.
The liberal justice sharply criticized the conservative majority’s rulings this year limiting the Voting Rights Act and loosening campaign finance restrictions during a wide-ranging discussion at Catholic University in Washington, D.C. She also faulted a 2019 decision removing the court from oversight of partisan gerrymandering.
Kagan had dissented from the rulings in each case.
She spoke to law students during the opening weeks of a new Supreme Court term in which the justices will make consequential rulings on assault rifles, climate change and religious rights. The court could be called upon to issue decisions related to the Nov. 3 elections.
“In all these areas, the court has kind of blinded itself to the very deleterious effects of their rulings on how the political system works,” Kagan said of its rulings on voting. “It has created a democracy that does not work as well as it should.”
Kagan said the 2019 decision finding that federal courts should not have a role in policing partisan gerrymandering touched off a “race to the bottom” by both political parties to carve up districts and “depriv[e] masses of citizens” of the right to equality in voting.
That decision is “driving people away from the center toward the wings, toward the extremes,” Kagan said. “Making what I think is, unfortunately, a too polarized country even more so.”
Over the summer, the court also curbed limits on coordination between political parties and candidates in campaign finance spending.
“The people of America look around at this political system and think all this money chasing all these political candidates is a nightmare and they are right,” Kagan said.
Kagan said last term’s landmark decision curtailing the last major section of the Voting Rights Act was also deeply problematic. The majority limited the consideration of race in drawing voting maps.
She lamented that the decision touched off a scramble among GOP-controlled states in the south to redraw the congressional districts of many Black Democrats.
“The court kind of said, ‘Oh well,’” Kagan said.
Kagan also criticized the conservative majority for clearing the way for President Donald Trump and other presidents to remove the heads of agencies that Congress set up to be independent of the chief executive.
“The danger is it allows the president to ride roughshod over all the institutions of government,” Kagan said.
Despite disagreeing with the ruling — which Trump had sought — Kagan reiterated a point she made at another recent appearance: that the Supreme Court was getting a “bum rap” for supposedly doing whatever the president wants.
She highlighted rulings by the court checking Trump on his efforts to impose tariffs, restrict birthright citizenship, deploy the National Guard to Chicago and severely restrict mail-in voting.
“It’s why the president sometimes really has not very nice things to say about the court’s decisions and some of my colleagues,” Kagan said.
Trump has harshly attacked the justices in recent months, particularly assailing his three nominees — Amy Coney Barrett, Brett M. Kavanaugh and Neil M. Gorsuch — for ruling against him in some cases.
TRUMPWATCH 2.0
Putin Nears a Prize: Restoring Ties With the U.S. While Giving Up Nothing.
“Russia has sought to separate the war in Ukraine from potential business deals and diplomacy with the United States. Its efforts now appear to be working.” — The New York Times
Russia agreed to restart trilateral talks. Peace in Ukraine is far off.
“To win effusive praise from special envoy Steve Witkoff and announce a resumption in negotiations, Russian President Vladimir Putin had to do very little.” — The Washington Post
The Secret Terms of Trump’s Venezuelan Oil Deal.
“In late August, President Donald Trump announced what he called the “biggest oil deal in world history.” Since then, the full text of the accord — which grants the U.S. sweeping access to Venezuela’s oil reserves — has been one of the most sought-after secrets in Washington, D.C. ” — ProPublica
Democrats have a message for Elon Musk: Watch out.
“From DOGE to Ukraine, the uberwealthy GOP donor could be an irresistible target if House gavels change hands.” — Politico
Trump’s approval ratings hit new lows in final stretch of midterms.
“A pair of new polls on Wednesday signals further trouble for the Republicans as the president’s handling of the economy and war in Iran continue to drag down his party.” — Politico
Judge orders Trump to be deposed in his BBC defamation suit.
“A federal judge ordered President Trump to be deposed as part of his lawsuit against the BBC over a documentary he says defamed him with how it was edited.” — The Hill
Hegseth wanted Eisenhower’s globe for his office. His staff broke it.
“Photos obtained by The Post show a gash in the World War II-era artifact that resulted from a botched relocation attempt inside the Pentagon.” — The Washington Post
U.S. officials privately advise states fearing Trump election meddling.
“Their private efforts have reached governors, election stewards and lawmakers from both parties who are increasingly alarmed that the administration may interfere in the midterms.” — The Washington Post
America Abandons Ideals at Its Peril.
“The U.S. isn’t perfect, but it has always been hard to doubt its good intentions. Now that has changed.” — The Wall Street Journal
MEANWHILE, ON CAPITOL HILL
Bipartisan pushback swells against Trump’s Ukraine moves. Lawmakers vow legislation, call for investigations. — Roll Call
Trump’s Russia moves could complicate lame-duck agenda. Pro-Ukraine lawmakers pledge support for Kyiv ahead of busy post-election period. — Roll Call
Musk warns Democrats over possible congressional probes. — The Hill
MONEY IN POLITICS, VOTING, ELECTION & OTHER RELATED INFO
Election Dispatches: Ohio’s Governor Joins Republican Backlash to Ramaswamy’s Attack Ad. — The New York Times
Vance praises Ramaswamy for having ‘audacity’ to run controversial Amy Acton ad. Acton called the ad “a horrible and hideous thing to do.” — ABC News
Trump’s super PAC spent nearly a quarter-billion dollars to help Republicans. President Donald Trump’s MAGA Inc. super PAC spent more than $200 million, primarily via two affiliated PACs, in September, according to election data released Tuesday. — Politico
Elon Musk leads the megadonors pumping $2.3 billion into midterm elections. Billionaires and Elon Musk, who recently temporarily achieved trillionaire status, make up the top individual donors. — The Washington Post
More Democrats are voting in person after Trump’s threats about mail ballots. The president lost in court, but Democrats are still wary of mail-in voting as the midterm election approaches. — The Washington Post
Ballot Rejections Soared in Rural Counties After USPS Reduced Mail Service. — ProPublica
Judge restricts DHS investigations into noncitizen voting, citing flawed data. The judge put her order on hold until 5 p.m. Friday, giving the Trump administration time to appeal. — The Washington Post
How 3 Virginia races showcase the House battleground. A classic swing seat, a newly competitive race and a ‘reach’ district. — Roll Call
High-ranking Virginia state Democrat charged in public corruption case. State Sen. L. Louise Lucas, 82, surrendered to authorities to face charges Thursday, the Justice Department said. She was charged along with a half dozen others including her daughters. — NBC News
Ralph Norman: ‘My family is not going to vote for Darline Graham’. — The Hill
Republicans target Abdul El-Sayed with Muslim Brotherhood allegations. El-Sayed’s alleged ties to Muslim Brotherhood shake up Michigan Senate race. — The Hill
Data center anxiety plays out in Senate campaign debates. Democrats seek to capitalize on public sentiment over local impacts. — Roll Call
Senate Democratic candidates in red states dominate third-quarter fundraising. Hauls could help against onslaught of Republican outside spending. — Roll Call
