In 2019, in a bitterly divided 5-4 decision, the U.S. Supreme Court in Rucho v. Common Cause held that partisan gerrymandering claims present political—nonjusticiable—questions beyond the reach of the federal courts, even if partisan gerrymandering may be “incompatible with democratic principles.”

In a blistering dissent, Justice Elana Kagan excoriated the majority for its cramped reading of the Constitution and disrespecting “We the People,” which is not a slogan but a core value of American democracy enshrined in foundational documents, including the Declaration of Independence, the Constitution and the Gettysburg Address.