Cite as: 588 U. S. ____ (2019)
21
KAGAN, J., dissenting
Republicans (2014). In what was once a party stronghold,
Republicans now have little or no chance to elect their
preferred candidate. The District Court thus found that
the gerrymandered Maryland map substantially dilutes
Republicans’ votes. See Lamone, 348 F. Supp. 3d, at 519–
520.
The majority claims all these findings are mere “prognostications” about the future, in which no one “can have
any confidence.” Ante, at 23 (internal quotation marks
omitted). But the courts below did not gaze into crystal
balls, as the majority tries to suggest. Their findings
about these gerrymanders’ effects on voters—both in the
past and predictably in the future—were evidence-based,
data-based, statistics-based. Knowledge-based, one might
say. The courts did what anyone would want a decisionmaker to do when so much hangs in the balance.
They looked hard at the facts, and they went where the
facts led them. They availed themselves of all the information that mapmakers (like Hofeller and Hawkins) and
politicians (like Lewis and O’Malley) work so hard to
amass and then use to make every districting decision.
They refused to content themselves with unsupported and
out-of-date musings about the unpredictability of the
American voter. See ante, at 24–25; but see Brief for
Political Science Professors as Amici Curiae 14–20 (citing
chapter and verse to the contrary). They did not bet
America’s future—as today the majority does—on the idea
that maps constructed with so much expertise and care to
make electoral outcomes impervious to voting would
somehow or other come apart. They looked at the evidence—at the facts about how these districts operated—
and they could reach only one conclusion. By substantially
diluting the votes of citizens favoring their rivals, the
politicians of one party had succeeded in entrenching
themselves in office. They had beat democracy.