More: Chief Justice John Roberts wrote in the majority opinion that federal courts "are not equipped to apportion political power as a matter of fairness, nor is there any basis for concluding that they were authorized to do so."

In her dissent, Justice Elena Kagan recognized that a crucial opportunity had been missed. She wrote: "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."

Bob Phillips, executive director at Common Cause North Carolina, said it was hard to push the argument against partisan gerrymandering to the top of the U.S. judicial system only to have it found to be "nonjusticiable."