Cite as: 588 U. S. ____ (2019)
3
Opinion of the Court
gressional candidates had received more votes on a
statewide basis than Republican candidates.” Ibid. The
General Assembly was not swayed by that objection and
approved the 2016 Plan by a party-line vote. Id., at 809.
In November 2016, North Carolina conducted congressional elections using the 2016 Plan, and Republican
candidates won 10 of the 13 congressional districts. Id., at
810. In the 2018 elections, Republican candidates won
nine congressional districts, while Democratic candidates
won three. The Republican candidate narrowly prevailed
in the remaining district, but the State Board of Elections
called a new election after allegations of fraud.
This litigation began in August 2016, when the North
Carolina Democratic Party, Common Cause (a nonprofit
organization), and 14 individual North Carolina voters
sued the two lawmakers who had led the redistricting
effort and other state defendants in Federal District
Court. Shortly thereafter, the League of Women Voters of
North Carolina and a dozen additional North Carolina
voters filed a similar complaint. The two cases were
consolidated.
The plaintiffs challenged the 2016 Plan on multiple
constitutional grounds. First, they alleged that the Plan
violated the Equal Protection Clause of the Fourteenth
Amendment by intentionally diluting the electoral
strength of Democratic voters. Second, they claimed that
the Plan violated their First Amendment rights by retaliating against supporters of Democratic candidates on the
basis of their political beliefs. Third, they asserted that
the Plan usurped the right of “the People” to elect their
preferred candidates for Congress, in violation of the
requirement in Article I, §2, of the Constitution that
Members of the House of Representatives be chosen “by
the People of the several States.” Finally, they alleged
that the Plan violated the Elections Clause by exceeding
the State’s delegated authority to prescribe the “Times,