Cite as: 588 U. S. ____ (2019) 1 KAGAN, J., dissenting SUPREME COURT OF THE UNITED STATES _________________ Nos. 18–422, 18–726 _________________ ROBERT A. RUCHO, ET AL., APPELLANTS 18–422 v. COMMON CAUSE, ET AL.; AND ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA LINDA H. LAMONE, ET AL., APPELLANTS 18–726 v. O. JOHN BENISEK, ET AL. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND [June 27, 2019] JUSTICE KAGAN, with whom JUSTICE GINSBURG, JUSTICE BREYER, and JUSTICE SOTOMAYOR join, dissenting. For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities. And not just any constitutional violation. The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people. These gerrymanders enabled politicians to entrench themselves in office as against voters’ preferences. They promoted parti-