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RUCHO v. COMMON CAUSE
KAGAN, J., dissenting
evaluated with immense care the factual evidence and
legal arguments the parties presented. They used neutral
and manageable and strict standards. They had not a
shred of politics about them. Contra the majority, see
ante, at 34, this was law.
That is not to deny, of course, that these cases have
great political consequence. They do. Among the amicus
briefs here is one from a bipartisan group of current and
former Members of the House of Representatives. They
describe all the ways partisan gerrymandering harms our
political system—what they call “a cascade of negative
results.” Brief as Amicus Curiae 5. These artificially
drawn districts shift influence from swing voters to partybase voters who participate in primaries; make bipartisanship and pragmatic compromise politically difficult or
impossible; and drive voters away from an ever more
dysfunctional political process. See id., at 5–6. Last year,
we heard much the same from current and former state
legislators. In their view, partisan gerrymandering has
“sounded the death-knell of bipartisanship,” creating a
legislative environment that is “toxic” and “tribal.” Brief
as Amicus Curiae in Gill v. Whitford, O. T. 2016, No. 16–
1161, pp. 6, 25. Gerrymandering, in short, helps create
the polarized political system so many Americans loathe.
And gerrymandering is, as so many Justices have emphasized before, anti-democratic in the most profound
sense. See supra, at 7–8. In our government, “all political
power flows from the people.” Arizona State Legislature,
576 U. S., at ___ (slip op., at 35). And that means, as
Alexander Hamilton once said, “that the people should
choose whom they please to govern them.” 2 Debates on
the Constitution 257 (J. Elliot ed. 1891). But in Maryland
and North Carolina they cannot do so. In Maryland,
election in and election out, there are 7 Democrats and 1
Republican in the congressional delegation. In North
Carolina, however the political winds blow, there are 10