Cite as: 588 U. S. ____ (2019)
11
KAGAN, J., dissenting
C
Partisan gerrymandering of the kind before us not only
subverts democracy (as if that weren’t bad enough). It
violates individuals’ constitutional rights as well. That
statement is not the lonesome cry of a dissenting Justice.
This Court has recognized extreme partisan gerrymandering as such a violation for many years.
Partisan gerrymandering operates through vote dilution—the devaluation of one citizen’s vote as compared to
others. A mapmaker draws district lines to “pack” and
“crack” voters likely to support the disfavored party. See
generally Gill v. Whitford, 585 U. S. ___, ___–___ (2018)
(slip op., at 14–16). He packs supermajorities of those
voters into a relatively few districts, in numbers far greater
than needed for their preferred candidates to prevail.
Then he cracks the rest across many more districts,
spreading them so thin that their candidates will not be
able to win. Whether the person is packed or cracked, his
vote carries less weight—has less consequence—than it
would under a neutrally drawn (non-partisan) map. See
id., at ___ (KAGAN, J., concurring) (slip op., at 4). In short,
the mapmaker has made some votes count for less, because they are likely to go for the other party.
That practice implicates the Fourteenth Amendment’s
Equal Protection Clause. The Fourteenth Amendment, we
long ago recognized, “guarantees the opportunity for equal
participation by all voters in the election” of legislators.
Reynolds v. Sims, 377 U. S. 533, 566 (1964). And that
opportunity “can be denied by a debasement or dilution of
the weight of a citizen’s vote just as effectively as by wholly
prohibiting the free exercise of the franchise.” Id., at
555. Based on that principle, this Court in its one-personone-vote decisions prohibited creating districts with significantly different populations. A State could not, we explained, thus “dilut[e] the weight of votes because of place
of residence.” Id., at 566. The constitutional injury in a