16 RUCHO v. COMMON CAUSE KAGAN, J., dissenting A Start with the standard the lower courts used. The majority disaggregates the opinions below, distinguishing the one from the other and then chopping up each into “a number of ‘tests.’ ” Ante, at 22; see ante, at 22–30. But in doing so, it fails to convey the decisions’ most significant— and common—features. Both courts focused on the harm of vote dilution, see supra, at 11, though the North Carolina court mostly grounded its analysis in the Fourteenth Amendment and the Maryland court in the First. And both courts (like others around the country) used basically the same three-part test to decide whether the plaintiffs had made out a vote dilution claim. As many legal standards do, that test has three parts: (1) intent; (2) effects; and (3) causation. First, the plaintiffs challenging a districting plan must prove that state officials’ “predominant purpose” in drawing a district’s lines was to “entrench [their party] in power” by diluting the votes of citizens favoring its rival. Rucho, 318 F. Supp. 3d, at 864 (quoting Arizona State Legislature, 576 U. S., at ___ (slip op., at 1)). Second, the plaintiffs must establish that the lines drawn in fact have the intended effect by “substantially” diluting their votes. Lamone, 348 F. Supp. 3d, at 498. And third, if the plaintiffs make those showings, the State must come up with a legitimate, non-partisan justification to save its map. See Rucho, 318 F. Supp. 3d, at 867.2 If you are a lawyer, you know that this test looks utterly ordinary. It is the sort of thing courts work with every day. Turn now to the test’s application. First, did the North Carolina and Maryland districters have the predominant —————— 2 Neither North Carolina nor Maryland offered much of an alternative explanation for the evidence that the plaintiffs put forward. Presumably, both States had trouble coming up with something. Like the majority, see ante, at 25, I therefore pass quickly over this part of the test.

Select target paragraph3