Judge Throws Out Congressional Map Amid Maryland Gerrymandering Claims

The Democrat-controlled Maryland General Assembly last week approved a new congressional district map after a judge ruled that gerrymandering turned the previous map into a violation of Republicans’ voting rights.

The state court judge in Anne Arundel County threw out the original congressional for the first time in state history after determining it violated the state constitution.

Senior Judge Lynne A. Battaglia described the map delineating voting districts as an example of an “extreme partisan gerrymander.” The General Assembly approved it along party lines in December.

The ruling represented a victory for Republicans. They said Democrats in the General Assembly who drew the map were trying to squelch Republican votes.

The new map must withstand another court challenge before it can be used in next June’s primary election to delineate voting districts.

Maryland’s constitution requires that legislative districts embody equal protection, free speech and free elections that are representative of the will of the voters.

The evidence “yields the conclusion that the 2021 Congressional Plan in Maryland is an ‘outlier,’ an extreme gerrymander that subordinates constitutional criteria to political considerations,” Battaglia’s ruling says.

She said the Maryland attorney general failed to demonstrate a “compelling interest” to justify the disproportionately adverse effects on Republicans from the map. The attorney general had argued it followed geographical boundaries.

The first-ever state level ruling to overturn a congressional map derives authority from a 2019 U.S. Supreme Court decision. It said federal courts were not the proper venue for deciding state gerrymandering claims.

General Assembly Democrats, including House Speaker Adrienne Jones, D-Baltimore County, questioned whether Battaglia acted within her authority. Her order “establishes brand new legal standards for the drawing of the Maryland Congressional map,” Democratic leaders said in a joint statement.

Maryland Gov. Larry Hogan (R) said the ruling is “a monumental victory for every Marylander who cares about protecting our democracy, bringing fairness to our elections, and putting the people back in charge.”

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