8
RUCHO v. COMMON CAUSE
Opinion of the Court
B
Partisan gerrymandering is nothing new. Nor is frustration with it. The practice was known in the Colonies
prior to Independence, and the Framers were familiar
with it at the time of the drafting and ratification of the
Constitution. See Vieth, 541 U. S., at 274 (plurality opinion). During the very first congressional elections, George
Washington and his Federalist allies accused Patrick
Henry of trying to gerrymander Virginia’s districts against
their candidates—in particular James Madison, who
ultimately prevailed over fellow future President James
Monroe. Hunter, The First Gerrymander? 9 Early Am.
Studies 792–794, 811 (2011). See 5 Writings of Thomas
Jefferson 71 (P. Ford ed. 1895) (Letter to W. Short (Feb. 9,
1789)) (“Henry has so modelled the districts for representatives as to tack Orange [county] to counties where he
himself has great influence that Madison may not be
elected into the lower federal house”).
In 1812, Governor of Massachusetts and future Vice
President Elbridge Gerry notoriously approved congressional districts that the legislature had drawn to aid the
Democratic-Republican Party. The moniker “gerrymander” was born when an outraged Federalist newspaper
observed that one of the misshapen districts resembled a
salamander. See Vieth, 541 U. S., at 274 (plurality opinion); E. Griffith, The Rise and Development of the Gerrymander 17–19 (1907). “By 1840, the gerrymander was a
recognized force in party politics and was generally attempted in all legislation enacted for the formation of
election districts. It was generally conceded that each
party would attempt to gain power which was not proportionate to its numerical strength.” Id., at 123.
The Framers addressed the election of Representatives
to Congress in the Elections Clause. Art. I, §4, cl. 1. That
provision assigns to state legislatures the power to prescribe the “Times, Places and Manner of holding Elec-