Cite as: 588 U. S. ____ (2019)
5
Opinion of the Court
interest in protecting incumbents neutrally explained the
2016 Plan’s discriminatory effects. Id., at 896–899. In the
end, the District Court held that 12 of the 13 districts
constituted partisan gerrymanders that violated the Equal
Protection Clause. Id., at 923.
The court also agreed with the plaintiffs that the 2016
Plan discriminated against them because of their political
speech and association, in violation of the First Amendment. Id., at 935. Judge Osteen dissented with respect to
that ruling. Id., at 954–955. Finally, the District Court
concluded that the 2016 Plan violated the Elections Clause
and Article I, §2. Id., at 935–941. The District Court
enjoined the State from using the 2016 Plan in any election after the November 2018 general election. Id., at 942.
The defendants again appealed to this Court, and we
postponed jurisdiction. 586 U. S. ___ (2019).
B
The second case before us is Lamone v. Benisek, No. 18–
726. In 2011, the Maryland Legislature—dominated by
Democrats—undertook to redraw the lines of that State’s
eight congressional districts. The Governor at the time,
Democrat Martin O’Malley, led the process. He appointed
a redistricting committee to help redraw the map, and
asked Congressman Steny Hoyer, who has described
himself as a “serial gerrymanderer,” to advise the committee. 348 F. Supp. 3d 493, 502 (Md. 2018). The Governor
later testified that his aim was to “use the redistricting
process to change the overall composition of Maryland’s
congressional delegation to 7 Democrats and 1 Republican
by flipping” one district. Ibid. “[A] decision was made to
go for the Sixth,” ibid., which had been held by a Republican for nearly two decades. To achieve the required equal
population among districts, only about 10,000 residents
needed to be removed from that district. Id., at 498. The
2011 Plan accomplished that by moving roughly 360,000