Supreme Court Associate Justice Elena Kagan on Thursday said there is “no part” of her that will ever accept the 5-4 decision in the gerrymandering case.
The Supreme Court in June ruled 5-4 that “partisan gerrymandering claims present political questions beyond the reach of the federal courts.”
The justices made the ruling in a pair of cases presented over district maps in North Carolina and Maryland, alleged to be instances of unconstitutional partisan gerrymanders that favored a political party.
“There’s no part of me that’s ever going to become accepting of the decision made, essentially that courts shouldn’t get involved in gerrymandering, no matter how bad it is and no matter how destructive of our political system it is, which is the decision the court reached,” Kagan said during an appearance at the Georgetown University Law Center in Washington, D.C.
“So, there you’re not just writing the dissent because you just saw things differently and everybody should know that there are two sides to this issue,” Kagan said. “You’re writing the dissent because you want to convince the future, and you want to convince the present too. But for all those people out there who in some way can carry on the efforts against this kind of undermining of democracy, ‘go for it,’ because you’re right.”
Kagan also said she understands why the majority was reached, “but I do think they got it wrong and that was one which . . . I want everybody to be thinking about this going forward.”