Cite as: 588 U. S. ____ (2019)
19
Opinion of the Court
when used as the basis for relief. Instead, it seems, a
decision under these standards would unavoidably have
significant political effect, whether intended or not.”
Vieth, 541 U. S., at 308–309 (opinion concurring in judgment). See id., at 298 (plurality opinion) (“[P]acking and
cracking, whether intentional or no, are quite consistent
with adherence to compactness and respect for political
subdivision lines”).
Deciding among just these different visions of fairness
(you can imagine many others) poses basic questions that
are political, not legal. There are no legal standards discernible in the Constitution for making such judgments,
let alone limited and precise standards that are clear,
manageable, and politically neutral. Any judicial decision
on what is “fair” in this context would be an “unmoored
determination” of the sort characteristic of a political
question beyond the competence of the federal courts.
Zivotofsky v. Clinton, 566 U. S. 189, 196 (2012).
And it is only after determining how to define fairness
that you can even begin to answer the determinative
question: “How much is too much?” At what point does
permissible partisanship become unconstitutional?
If
compliance with traditional districting criteria is the
fairness touchstone, for example, how much deviation
from those criteria is constitutionally acceptable and how
should mapdrawers prioritize competing criteria? Should
a court “reverse gerrymander” other parts of a State to
counteract “natural” gerrymandering caused, for example,
by the urban concentration of one party? If a districting
plan protected half of the incumbents but redistricted the
rest into head to head races, would that be constitutional?
A court would have to rank the relative importance of
those traditional criteria and weigh how much deviation
from each to allow.
If a court instead focused on the respective number of
seats in the legislature, it would have to decide the ideal