4
RUCHO v. COMMON CAUSE
Opinion of the Court
Places and Manner of holding Elections” for Members of
Congress.
After a four-day trial, the three-judge District Court
unanimously concluded that the 2016 Plan violated the
Equal Protection Clause and Article I of the Constitution.
The court further held, with Judge Osteen dissenting, that
the Plan violated the First Amendment. Common Cause
v. Rucho, 279 F. Supp. 3d 587 (MDNC 2018). The defendants appealed directly to this Court under 28 U. S. C.
§1253.
While that appeal was pending, we decided Gill v. Whitford, 585 U. S. ___ (2018), a partisan gerrymandering case
out of Wisconsin. In that case, we held that a plaintiff
asserting a partisan gerrymandering claim based on a
theory of vote dilution must establish standing by showing
he lives in an allegedly “cracked” or “packed” district. Id.,
at ___ (slip op., at 17). A “cracked” district is one in which
a party’s supporters are divided among multiple districts,
so that they fall short of a majority in each; a “packed”
district is one in which a party’s supporters are highly
concentrated, so they win that district by a large margin,
“wasting” many votes that would improve their chances in
others. Id., at ___–___ (slip op., at 3–4).
After deciding Gill, we remanded the present case for
further consideration by the District Court. 585 U. S. ___
(2018). On remand, the District Court again struck down
the 2016 Plan. 318 F. Supp. 3d 777. It found standing
and concluded that the case was appropriate for judicial
resolution. On the merits, the court found that “the General Assembly’s predominant intent was to discriminate
against voters who supported or were likely to support
non-Republican candidates,” and to “entrench Republican
candidates” through widespread cracking and packing of
Democratic voters. Id., at 883–884. The court rejected the
defendants’ arguments that the distribution of Republican
and Democratic voters throughout North Carolina and the