Rucho v. Common Cause
Rucho v. Common Cause, No. 18-422, 588 U.S. 684 (2019) is a landmark case of the United States Supreme Court concerning partisan gerrymandering.[1] The Court ruled that while partisan gerrymandering may be "incompatible with democratic principles", the federal courts cannot review such allegations, as they present nonjusticiable political questions outside the jurisdiction of these courts.[2]
Rucho v. Common Cause
Robert A. Rucho et al. v. Common Cause et al.
Motion to dismiss denied, Common Cause v. Rucho, 240 F. Supp. 3d 376 (M.D.N.C. 2017); redistricting plan held unconstitutional, 279 F. Supp. 3d 587 (M.D.N.C. 2018); stay denied, 284 F. Supp. 3d 780 (M.D.N.C. 2018); vacated and remanded in light of Gill v. Whitford, 138 S. Ct. 2679 (2018); judgment entered on remand, 318 F. Supp. 3d 777 (M.D.N.C. 2018).
Roberts, joined by Thomas, Alito, Gorsuch, Kavanaugh
Kagan, joined by Ginsburg, Breyer, Sotomayor
The case was one of three heard in the 2018 term dealing with issues related to partisan gerrymandering used in the districting plans of states. It was combined with Rucho v. League of Women Voters of North Carolina, and its decision included the Court's judgment on Lamone v. Benisek, a partisan gerrymandering case from Maryland.[3] The 5–4 decision, divided along ideological lines, left in place North Carolina's congressional districts, which favor the Republican Party, and Maryland's congressional districts, which favor the Democratic Party.[4]
Supreme Court[edit]
The state legislators named as defendants in this case filed a petition for writ of certiorari with the Supreme Court, asking if the plaintiffs have standing and if their claims on partisan gerrymandering were justiciable, and whether the 2016 map is considered a partisan gerrymandering. The Court granted certiorari, with arguments heard on March 26, 2019. The oral arguments were heard alongside those of Lamone v. Benisek, another partisan gerrymandering case from Maryland's redistricting which followed the Court's per curiam decision in Benisek v. Lamone (2018).[17][18][19]
The Court issued its decision in Rucho and Lamone on June 27, 2019. In the 5–4 majority opinion, the Court ruled that "partisan gerrymandering claims present political questions beyond the reach of the federal courts", vacating and remanding the lower courts' decisions with instructions to dismiss for lack of jurisdiction. Chief Justice John Roberts delivered the majority opinion, joined by Justices Thomas, Alito, Gorsuch, and Kavanaugh.[20] Roberts made clear that partisan gerrymandering can be distasteful and unjust, but that states and Congress have the ability to pass laws to curb excessive partisan gerrymandering.[2]
Justice Elena Kagan wrote the dissenting opinion, joined by Justices Ginsburg, Breyer, and Sotomayor. Kagan's opinion was critical of the majority: "Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections. With respect but deep sadness, I dissent."[2]