Elena Kagan says she'll "never" accept the partisan gerrymandering decision

By Lauren Peller and Alexandra Chaidez

/ CBS News

U.S. Supreme Court Justice Elena Kagan will "never" accept the outcome of the Supreme Court's recent 5-4 decision on partisan gerrymandering, she said Thursday. "There is no part of me that's ever going to become accepting of the decision made," Kagan said in an interview with the dean of Georgetown University Law School, William Treanor.

The narrowly divided Supreme Court ruled in June that the federal courts have no role to play in the drawing congressional districts — it's a matter for states to decide. The ruling came as a blow to efforts to limit the drawing of electoral districts for partisan gain.

Kagan, along with the three other liberal justices, sided against the majority, arguing that the court's decision could have a negative impact on the fate of future elections and democracy. She wrote in her dissent, "For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities."

Trending News

She continued, "Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections."

Reflecting on the ruling, Kagan said Thursday, "I am a hundred percent certain in every bone of my body that the majority was acting in complete good faith as to why it reached the decision it did, but I do think it got it wrong," adding, "and that was one which was a kind of, you know, I want everybody to be thinking about this going forward."

Kagan also talked about the philosophy of writing dissents, explaining that they aren't simply an expression of the minority perspective — they're arguments for cases that have yet to be brought.

"You're not writing the dissent because you saw the thing differently, and you think everybody should know there were two sides to this issue," she said. "You're writing a dissent because you want to convince the future and I guess you want to convince the present too."

And the associate justice also took a moment to praise the legacy of the late Supreme Court Justice John Paul Stevens, who died at the age of 99 years earlier this week, on Tuesday. Kagan, confirmed in 2010, succeeded Stevens after his nearly 35-year tenure on the court.

She recalled that Stevens offered her "kindness" and "wisdom" when she took his place on the bench nearly a decade ago.

"He had a real passion for justice, a real insistence that the legal system operate fairly for those going through it," Kagan said.

Kagan called Stevens' body of legal work "unsurpassed in modern times." Stevens — one of the longest-serving justices to sit on the court — was known for his frequently independent opinions and dissents.

First published on July 18, 2019 / 9:59 PM

© 2019 CBS Interactive Inc. All Rights Reserved.

Kagan says she'll "never" accept the gerrymandering decision

The Supreme Court justice also talked about the late Justice John Paul Stevens, whom she replaced on the bench in 2010. Stevens died Tuesday

0M ago

Lineup for July Democratic presidential debates in Detroit revealed

Twenty candidates have qualified for the debate stage with ten going head-to-head each night

1H ago

U.S. warship destroys Iranian drone over Strait of Hormuz

President Trump announced the "defensive action" in the East Room Thursday

1H ago

Trump campaign says president "can't control" chants at rallies

As the president took direct aim at Democratic Rep. Ilhan Omar of Minnesota during a rally Wednesday, his supporters chanted "send her back!"

1H ago

Trump talked about silencing stories about alleged affairs, documents show

A federal judge unsealed new documents in the Michael Cohen case Thursday

1H ago

Kagan says she'll "never" accept the gerrymandering decision

The Supreme Court justice also talked about the late Justice John Paul Stevens, whom she replaced on the bench in 2010. Stevens died Tuesday

0M ago

Trump to nominate Antonin Scalia's son as Labor Secretary

If confirmed, Scalia will replace Alexander Acosta, who resigned last week​ after being criticized for securing a lenient sentence for Jeffrey Epstein

50M ago

Lineup for July Democratic presidential debates in Detroit revealed

Twenty candidates have qualified for the debate stage with ten going head-to-head each night

1H ago

U.S. warship destroys Iranian drone over Strait of Hormuz

President Trump announced the "defensive action" in the East Room Thursday

1H ago

Trump campaign says president "can't control" chants at rallies

As the president took direct aim at Democratic Rep. Ilhan Omar of Minnesota during a rally Wednesday, his supporters chanted "send her back!"

1H ago

U.S. warship destroys Iranian drone over Strait of Hormuz

President Trump announced the "defensive action" in the East Room Thursday

1H ago

Tom Cruise reveals official "Top Gun: Maverick" trailer

It may be 34 years since the original dropped, but Maverick still very much has the need for speed

3H ago

Man shouting "You die!" sets fire to anime studio, killing 33

Officials said the suspect entered the studio and doused it with accelerant; many staff couldn't escape the smoke and flames

4H ago

Greek police name suspect in U.S. scientist's murder and rape

In a statement Thursday, police identified the man as 27-year-old Yiannis Paraskakis, from the port of Chania on the island of Crete.

7H ago

Iran says it has seized foreign oil tanker and crew

Iran's Revolutionary Guard impounded tanker with crew of 12 that it accuses of smuggling oil, Iranian state TV reports

8H ago

"Game of Thrones" show runners drop out of Comic-Con panel

Fans were quick to joke about the duo's mysterious disappearance

2H ago

Tom Cruise reveals official "Top Gun: Maverick" trailer

It may be 34 years since the original dropped, but Maverick still very much has the need for speed

3H ago

New on Netflix, Hulu and Amazon

Shows and movies you'll want to stream soon

Jun 24 33 photos

Rapper YG's home searched after police-involved shooting

Several people were detained Thursday at the Hollywood Hills home but none has been arrested

6H ago

Gwendoline Christie submitted herself for an Emmy nomination

Once again the star showed that we all should bend the knee to Ser Brienne of Tarth, a Knight of the Seven Kingdoms

21H ago

Some FaceApp privacy concerns may be overblown

Wired editor-in-chief Nick Thompson tells CBSN there's little evidence to back up photo fears around Russian-owned app

1H ago

SpaceX's Elon Musk says he can put a man on Mars in four years

Preview: The aerospace entrepreneur tells "CBS Sunday Morning" he is thinking bigger, and faster, about manned missions to the Moon and the Red Planet

7H ago

Uber glitch overcharges customers 100 times their fares

One passenger complained she was charged $1,308 on her credit card instead of $13.08, prompting a fraud alert

12H ago

FaceApp sparks myths and privacy fears. Here's where your photos go

Consumers flocked to the app to get a glimpse of their older selves, but fears are growing over its privacy policy

13H ago

DNC warns 2020 Democratic campaigns to avoid Russian-made FaceApp

Artificial face-aging app has exploded in popularity, but given tech experts' concerns over privacy, DNC says "benefits of avoiding the app outweigh the risks"

17H ago

SpaceX's Elon Musk says he can put a man on Mars in four years

Preview: The aerospace entrepreneur tells "CBS Sunday Morning" he is thinking bigger, and faster, about manned missions to the Moon and the Red Planet

7H ago

Building Giant Magellan, the world's largest telescope

The telescope's resolution will be ten times better than that of the Hubble Space telescope

11H ago

Wildfires could grow exponentially as climate warms

Drier conditions are a key factor behind the biggest wildfires, and researchers say we're likely to see more in the future

Jul 17

Lunar eclipse on 50th anniversary of Apollo 11 launch

The lunar spectacle falls on the same date when, five decades earlier, Apollo 11 began its voyage to the moon

Jul 16

Meet the women behind NASA's historic moon landing

Poppy Northcutt, Joann Morgan and Margaret Hamilton were critical to the success of the Apollo 11 mission

Jul 16

Know the signs of heat stroke before it's too late

Record-breaking temperatures are expected in at least 14 different states by this weekend

9H ago

Ebola outbreak in Congo declared a global health emergency

The virus spread this week to a city of two million people

9H ago

Data show "tsunami" of opioids across U.S. as death toll rose

Pharmaceutical firms shipped 76 billion oxycodone and other pills to drugstores as opioid epidemic was worsening

Jul 17

Drugstore chain CVS developing home kidney dialysis device

Drugstore chain starts trials of machine that could change life for millions of patients and upend a $35 billion market

Jul 17

Opioid shipments ballooned as an addiction crisis grew, DEA data shows

Federal data shows drug companies distributed 8.4 billion opioid pills to pharmacies from 2006 to 2012, a 50% jump

Jul 17

Some FaceApp privacy concerns may be overblown

Wired editor-in-chief Nick Thompson tells CBSN there's little evidence to back up photo fears around Russian-owned app

1H ago

So you want to spend the night in a Wienermobile

In Chicago, lovers of hot dogs and kitsch alike can now rent Oscar Mayer's flagship vehicle — parking is included

5H ago

Nike's Colin Kaepernick ad is nominated for an Emmy

"Believe in something. Even if it means sacrificing everything," Kaepernick says

5H ago

Toys R Us return begins with baby steps: 2 new stores

Company that bought the Toys R Us name in a bankruptcy court sale will start a new toy story with outlets in N.J. and Texas

6H ago

Elizabeth Warren calls private equity firms "vampires"

Presidential hopeful introduces bill that would curb investors' ability to milk profits from struggling companies

6H ago

Crime

Phillly cops to be fired over racist posts

A group of 13 Philadelphia police officers will be fired over racist or offensive Facebook posts. More than 50 other officers are being reprimanded or suspended. Don Dahler reports.

2H ago 01:11

Man shouting "You die!" sets fire to anime studio, killing 33

Officials said the suspect entered the studio and doused it with accelerant; many staff couldn't escape the smoke and flames

4H ago

Jeffrey Epstein denied bail

A federal judge in New York refused to grant bail for wealthy financier Jeffrey Epstein, citing the risk of danger to the community. Epstein is facing charges of abusing underage girls. CBS News legal analyst Rikki Klieman and correspondent Mola Lenghi join CBSN with the latest.

4H ago 04:33

Rapper YG's home searched after police-involved shooting

Several people were detained Thursday at the Hollywood Hills home but none has been arrested

6H ago

Greek police name suspect in U.S. scientist's murder and rape

In a statement Thursday, police identified the man as 27-year-old Yiannis Paraskakis, from the port of Chania on the island of Crete.

7H ago

50 Years Later: Apollo 11 on the "CBS This Morning" podcast

The podcast will travel back in time in the coming days to reflect on the historic launch and landing

6H ago

SpaceX's Elon Musk says he can put a man on Mars in four years

Preview: The aerospace entrepreneur tells "CBS Sunday Morning" he is thinking bigger, and faster, about manned missions to the Moon and the Red Planet

7H ago

Building Giant Magellan, the world's largest telescope

The telescope's resolution will be ten times better than that of the Hubble Space telescope

11H ago

NASA pleads for steady funding for moon mission

NASA's goal of landing astronauts on the moon in 2024 won't be possible without steady funding from Congress

Jul 17

"Man on the Moon": The 50th anniversary of the Apollo 11 landing

CBS News relives the momentous 1969 moon walk as told by two legends: Apollo 11 commander Neil Armstrong and "CBS Evening News" anchor Walter Cronkite – the man who made history and the man who reported it

Jul 16

Manson Family murders: The terrifying story in pictures

A look at the cult slayings that shocked – and scared – America

Jul 3 44 photos

New on Netflix, Hulu and Amazon

Shows and movies you'll want to stream soon

Jun 24 33 photos

Evidence photos from the police shooting of Danroy "DJ" Henry Jr.

Evidence from the scene of Pace University student DJ Henry’s fatal encounter with Officer Aaron Hess in Mount Pleasant, N.Y.

Jun 22 19 photos

Apollo 11 50th anniversary: 50 photos from the moon

50 photos to celebrate the 50th anniversary of the moon landing

Jun 21 50 photos

Deadliest highway in every state

These are the highways with the highest rate of fatal crashes

Jun 20 50 photos

Popular

Sneak peek: In The Name of Hate

A brilliant Ivy League student is murdered after he went to a California park with a former high school classmate. Was he killed because he was gay and Jewish? Correspondent Tracy Smith investigates Saturday, July 20 at 10/9c on CBS.

8H ago 03:45

Lutheran Immigration and Refugee Service fights ICE raids

As the Trump administration threatens to crack down on illegal immigration, the Lutheran Immigration and Refugee Service launched a new campaign in an effort to take a stand against mass deportation raids. Former Maryland Democratic gubernatorial candidate Krish Vignarajah, recently named the new CEO of the organization, joined CBSN to discuss how various religious organizations are dealing with the crisis at the border.

1H ago 06:52

Trump campaign press secretary interview

President Trump is under scrutiny for racist chants at his rally targeted at U.S. Rep. Ilhan Omar on Minnesota. Kayleigh McEnany, the national press secretary for Mr. Trump's re-election campaign, joins "Red and Blue" to discuss.

updated 5M ago 11:12

Protesters call for governor to resign

Calls for Puerto Rico's governor to resign are growing, as thousands of protesters continue to march in the streets of San Juan. Governor Ricardo Rosselló's two top aides were arrested on corruption charges earlier in the week, and then homophobic and sexist messages were leaked between Rosselló and his administration. David Begnaud reports on the latest from San Juan.

1H ago 02:30

Another 9/11 first responder dies of cancer

Nearly 18 years after 9/11, the death toll continues to rise. Richard Driscoll was the 200th member of the FDNY to die of a 9/11-related illness. His death comes as Sen. Rand Paul blocked a vote to permanently reauthorize the 9/11 Victims Compensation Fund.

2H ago 00:52