4
RUCHO v. COMMON CAUSE
Syllabus
crats. It applied a three-part test, examining intent, effects, and causation. The District Court’s “predominant intent” prong is borrowed
from the test used in racial gerrymandering cases. However, unlike
race-based decisionmaking, which is “inherently suspect,” Miller v.
Johnson, 515 U. S. 900, 915, districting for some level of partisan advantage is not unconstitutional. Determining that lines were drawn
on the basis of partisanship does not indicate that districting was
constitutionally impermissible. The Common Cause District Court
also required the plaintiffs to show that vote dilution is “likely to persist” to such a degree that the elected representatives will feel free to
ignore the concerns of the supporters of the minority party. Experience proves that accurately predicting electoral outcomes is not simple, and asking judges to predict how a particular districting map
will perform in future elections risks basing constitutional holdings
on unstable ground outside judicial expertise. The District Court’s
third prong—which gave the defendants an opportunity to show that
discriminatory effects were due to a “legitimate redistricting objective”—just restates the question asked at the “predominant intent”
prong. Pp. 22–25.
(2) The District Courts also found partisan gerrymandering
claims justiciable under the First Amendment, coalescing around a
basic three-part test: proof of intent to burden individuals based on
their voting history or party affiliation, an actual burden on political
speech or associational rights, and a causal link between the invidious intent and actual burden. But their analysis offers no “clear” and
“manageable” way of distinguishing permissible from impermissible
partisan motivation. Pp. 25–27.
(3) Using a State’s own districting criteria as a baseline from
which to measure how extreme a partisan gerrymander is would be
indeterminate and arbitrary. Doing so would still leave open the
question of how much political motivation and effect is too much.
Pp. 27–29.
(4) The North Carolina District Court further held that the 2016
Plan violated Article I, §2, and the Elections Clause, Art. I, §4, cl. 1.
But the Vieth plurality concluded—without objection from any other
Justice—that neither §2 nor §4 “provides a judicially enforceable limit
on the political considerations that the States and Congress may
take into account when districting.” 541 U. S., at 305. Any assertion
that partisan gerrymanders violate the core right of voters to choose
their representatives is an objection more likely grounded in the
Guarantee Clause of Article IV, §4, which “guarantee[s] to every
State in [the] Union a Republican Form of Government.” This Court
has several times concluded that the Guarantee Clause does not pro-