Judge Throws Out Maryland Congressional Map, in Blow to Democrats


A Maryland judge ruled on Friday that Democrats in the state had drawn an “extreme gerrymander” and threw out the state’s new congressional map, the first time this redistricting cycle that districts drawn by Democrats have been defeated in court.

The ruling by Senior Judge Lynne A. Battaglia of the Circuit Court for Anne Arundel County found that the map drawn by Democrats had “constitutional failings” and ignored requirements of focusing on “compactness” and keeping similar communities together.

“All of the testimony in this case supports the notions that the voice of Republican voters was diluted and their right to vote and be heard with the efficacy of a Democratic voter was diminished,” Judge Battaglia wrote in her opinion.

The congressional map drawn by Democrats would have most likely guaranteed them at least seven of Maryland’s eight House seats, or 87 percent of the state’s seats. President Biden carried Maryland with 65 percent of the vote in 2020.

Judge Battaglia ordered the General Assembly to redraw the map by March 30, an extraordinarily tight deadline for a complicated process that often takes weeks, and she set a hearing for the new map for April 1. This year, the Maryland Court of Appeals moved the state’s primary election from June 28 to July 19 because of pending legal challenges to the new map.

Democrats across the country have taken a much more aggressive tack this redistricting cycle than they have in the past, seeking to counteract what they have long denounced as extreme Republican gerrymanders from the 2010 cycle. Republicans’ map-drawing gains that year helped the party maintain power in the House of Representatives despite a Democratic victory at the presidential level in 2012.

Democratic state legislatures in New York, Illinois and Oregon drew new maps this year that would have given them a significant advantage over Republicans — and congressional delegations at odds with the overall partisan tilt of each state.

Rather than looking to aggressively add new seats this cycle, Republicans, for the most part, have sought to shore up their previous advantages in gerrymandered maps in states like Texas and Georgia, removing competition and packing Democrats together in deeply blue districts.

The Maryland decision comes as state courts have emerged as a central battleground for parties and voters to challenge maps by calling them partisan gerrymanders, after a 2019 Supreme Court ruling that partisan gerrymandering could not be challenged at the federal level. This year, state courts in Ohio and North Carolina have tossed out maps drawn by legislators as unconstitutional gerrymanders.

Gov. Larry Hogan of Maryland, a Republican whose veto of the map was overridden by the Democrat-controlled legislature, praised the decision and called on the General Assembly to pass a map drawn by an independent commission he created.

“This 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,” Mr. Hogan said in a statement.

The office of Brian Frosh, the attorney general of Maryland and a Democrat, said that it was reviewing the decision and that it had not yet decided whether to appeal it.

Fair Maps Maryland, a Republican-aligned group that supported the challenge to the state’s districts, celebrated the decision in a statement.

“To call this a big deal would be the understatement of the century,” said Doug Mayer, a spokesman for the group. “Judge Battaglia’s ruling confirms what we have all known for years — Maryland is ground zero for gerrymandering, our districts and political reality reek of it, and there is abundant proof that it is occurring.”

The decision was also praised by outside groups that have sought to overhaul the country’s redistricting process.

“Maryland’s congressional map is a textbook example of extreme partisan gerrymandering, and the court is right to scrap it,” Joshua Graham Lynn, the chief executive of RepresentUs, a bipartisan voting rights advocacy group, said in a statement. “We’ve seen time and time again this redistricting cycle: When politicians of either party are in control of drawing maps, they’re going to rig districts to lock in as much power as possible.”

Alyce McFadden contributed reporting. Susan C. Beachy contributed research.



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