Maryland judge tosses state's congressional map, calls it an 'extreme partisan gerrymander' in a setback for Democrats

• A Maryland judge tossed the state's congressional map, calling it an "extreme partisan gerrymander."
• Judge Lynne A. Battaglia on Friday said that a new map must be redrawn by March 30.

A Maryland judge on Friday tossed the state's congressional map, describing it as an "extreme partisan gerrymander" in what was a rare defeat for Democrats during the current redistricting cycle.

The ruling by Anne Arundel County Senior Judge Lynne A. Battaglia found that the map passed by the Democratic-dominated legislature possessed "constitutional failings" and did not adhere to requirements on "compactness" and keeping communities of interest 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 Democratic voter was diminished," she wrote in her opinion. "No compelling reason for the dilution and diminution was ever adduced by the State."

The Washington Post reported that it was the first time in the state's history that a judge ruled a congressional map violated Maryland's constitution.

Democrats currently hold seven congressional seats while Republicans hold one. And any changes could cost the party critical US seats as they head into what is shaping up to be a difficult midterm environment this fall.

The proposed congressional map drawn by state Democrats was designed to elect at least seven members from their party, while the remaining 1st district — which is represented by GOP Rep. Andy Harris and encompasses the state's conservative Eastern Shore and a swath of Baltimore's northern exurbs — was shifted to the left.

For instance, the current configuration of Maryland's 1st congressional district voted for former President Donald Trump by roughly 20 points over President Joe Biden in 2020. But, the new district that was drawn by Democrats would have backed Trump by 0.3% — which wouldn't be a win for Democrats, but could have made it more competitive for one of their candidates.

Also, in the 2020 presidential election, Biden beat Trump in Maryland — one of the bluest states in the country — in a 65%-32% landslide, and the proposed map would have expanded that gap.

Republican Gov. Larry Hogan, who vetoed the map but was overridden by the legislature, lauded the decision and called on the Maryland General Assembly to put into place a map drawn by an independent commission.

"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," he said in a statement.

Fair Maps Maryland, a nonprofit group that backed a legal challenge to the districts, praised the ruling.

"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."

Battaglia, a former US Attorney who was the onetime chief of staff to former Maryland Democratic Sen. Barbara Mikulski, mandated that the General Assembly craft a new map by March 30.

The judge set a hearing regarding the new map for April 1.

The Maryland Court of Appeals pushed back the state's primary election from June 28 to July 19 due to the legal challenges working their way through the court.

A spokesperson for the state Attorney General Brian Frosh, a Democrat, said it was still was reviewing the ruling and had not yet decided whether there would be an appeal.

Even before this year, Democrats across the country were determined not to repeat what they saw as their massive unpreparedness in the aftermath of the 2010 midterm elections, when they lost control of statehouses across the country, giving Republicans oversized power to draw districts.

The heavy contingent of deeply-gerrymandered districts, even in blue-leaning states like Michigan and Pennsylvania, prevented Democrats from regaining a House majority even when then-President Barack Obama was reelected in 2012.

It wasn't until 2018 when Democrats would regain their House majority, fueled by a backlash from suburban voters against the Trump administration.

Maryland Democrats also pursued an aggressive gerrymander in the last redistricting cycle, shifting a conservative-leaning district into one with a blue tint — much to the consternation of Hogan, who was first elected in 2014 and has maintained a high level of popularity as a Republican despite the state's liberal lean.

This year, Democrats created a legal strategy for helping enact as many blue-leaning districts as possible in states across the country, while also maximizing their legislative majorities in states like New York, Illinois, and Oregon.

In contrast, Republicans opted to fortify the districts of vulnerable incumbents, largely by adding rural territory to suburban districts that had grown more receptive to Democratic messaging in recent election cycles.

Battaglia's ruling comes as state courts have found themselves settling multiple redistricting battles in recent months, with GOP-controlled legislatures in Ohio and North Carolina seeing their maps thrown out and criticized as overly partisan.