12
ALEXANDER v. SOUTH CAROLINA STATE CONFERENCE
OF THE NAACP
THOMAS, J., concurring in part
Law make or alter such Regulations, except as to the Places
of chusing Senators.” Art. I, §4, cl. 1. The first part of the
Clause “imposes a duty upon” state legislatures to “prescribe the details necessary to hold congressional elections.”
U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 862
(1995) (THOMAS, J., dissenting). The second part “grants
power exclusively to Congress” to police the state legislatures’ performance of their duty. Id., at 864. Critically, the
Clause leaves the Judiciary out of the districting process
entirely.
The Clause’s assignment of roles is comprehensive. For
example, a state legislature’s responsibility over congressional elections “ ‘transcends any limitations sought to be
imposed by the people of a State’ ” through other state actors; the state legislature is the exclusive state authority.
Moore v. Harper, 600 U. S. 1, 58 (2023) (THOMAS, J., dissenting) (quoting Leser v. Garnett, 258 U. S. 130, 137
(1922)). In a similar vein, the Clause makes Congress the
exclusive federal authority over States’ efforts to draw congressional districts, to the exclusion of courts.
The historical record compels this interpretation of the
Elections Clause’s text. Gerrymandering and vote dilution
are not new phenomena. The founding generation was familiar with political districting problems from the American colonial experience. See Vieth, 541 U. S., at 274 (collecting examples). But, the Framers nowhere suggested the
federal courts as a potential solution to those problems. Instead, they relied on congressional oversight. The Framers’
considered choice of a nonjudicial remedy is highly relevant
context to the interpretation of the Elections Clause. See
New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S.
1, 26–27 (2022).
Because the Elections Clause attracted considerable criticism during the ratification debates, ample contemporaneous discussion sheds light on the original understanding of