14
RUCHO v. COMMON CAUSE
Opinion of the Court
plan is an unconstitutional partisan political gerrymander.” Id., at 185, n. 25 (opinion of Powell, J.). In any
event, the Court held that the plaintiffs had failed to show
that the plan violated the Constitution.
Eighteen years later, in Vieth, the plaintiffs complained
that Pennsylvania’s legislature “ignored all traditional
redistricting criteria, including the preservation of local
government boundaries,” in order to benefit Republican
congressional candidates. 541 U. S., at 272–273 (plurality
opinion) (brackets omitted). Justice Scalia wrote for a
four-Justice plurality. He would have held that the plaintiffs’ claims were nonjusticiable because there was no
“judicially discernible and manageable standard” for
deciding them. Id., at 306. Justice Kennedy, concurring
in the judgment, noted “the lack of comprehensive and
neutral principles for drawing electoral boundaries [and]
the absence of rules to limit and confine judicial intervention.” Id., at 306–307. He nonetheless left open the possibility that “in another case a standard might emerge.” Id.,
at 312. Four Justices dissented.
In LULAC, the plaintiffs challenged a mid-decade redistricting map approved by the Texas Legislature. Once
again a majority of the Court could not find a justiciable
standard for resolving the plaintiffs’ partisan gerrymandering claims. See 548 U. S., at 414 (noting that the
“disagreement over what substantive standard to apply”
that was evident in Bandemer “persists”).
As we summed up last Term in Gill, our “considerable
efforts in Gaffney, Bandemer, Vieth, and LULAC leave
unresolved whether . . . claims [of legal right] may be
brought in cases involving allegations of partisan gerrymandering.” 585 U. S., at ___ (slip op., at 13). Two
“threshold questions” remained: standing, which we addressed in Gill, and “whether [such] claims are justiciable.” Ibid.