Karcher v. Daggett

concurring.

As an alternative ground for affirmance, the appellees contended at oral argument that the bizarre configuration of New Jersey’s congressional districts is sufficient to demonstrate that the plan was not adopted in “good faith.” This argument, as I understand it, is a claim that the district boundaries are unconstitutional because they are the product of political gerrymandering. Since my vote is decisive in this case, it seems appropriate to explain how this argument influences my analysis of the question that divides the Court. As I have previously pointed out, political gerrymandering is one species of “vote dilution” that is proscribed by the Equal Protection Clause.1 Because an adequate judicial analysis of

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