4
RUCHO v. COMMON CAUSE
KAGAN, J., dissenting
precinct-level election results selected to predict
voting behavior, Hofeller drew district lines to minimize Democrats’ voting strength and ensure the
election of 10 Republican Congressmen. See Common Cause v. Rucho, 318 F. Supp. 3d 777, 805–806
(MDNC 2018).
Lewis then presented for the redistricting committee’s (retroactive) approval a list of the criteria Hofeller had employed—including one labeled “Partisan Advantage.” That criterion, endorsed by a
party-line vote, stated that the committee would
make all “reasonable efforts to construct districts”
to “maintain the current [10–3] partisan makeup”
of the State’s congressional delegation. Id., at 807.
Lewis explained the Partisan Advantage criterion to
legislators as follows: We are “draw[ing] the maps
to give a partisan advantage to 10 Republicans and
3 Democrats because [I] d[o] not believe it[’s] possible to draw a map with 11 Republicans and 2 Democrats.” Id., at 808 (internal quotation marks
omitted).
The committee and the General Assembly later enacted, again on a party-line vote, the map Hofeller
had drawn. See id., at 809.
Lewis announced: “I think electing Republicans is
better than electing Democrats. So I drew this map
to help foster what I think is better for the country.” Ibid. (internal quotation marks omitted).
You might think that judgment best left to the American
people. But give Lewis credit for this much: The map has
worked just as he planned and predicted. In 2016, Repub-