Maryland’s highest court on Thursday ruled that voters must be permitted to decide on a proposed constitutional amendment affecting congressional redistricting in the November election. The decision reversed two lower court rulings that had blocked the measure from reaching the ballot, though justices directed that the ballot summary language be revised.
The amendment has emerged as part of a broader partisan struggle over congressional mapmaking ahead of the 2028 elections. Democrats currently hold seven of the state’s eight U.S. House seats. If voters approve the measure, it would modify a 2022 court ruling that invalidated a previous Democratic redistricting plan as extreme partisan gerrymandering. The proposed amendment would remove certain compactness requirements that a 2022 judicial decision had applied to congressional districts, though those requirements would remain in place for state legislative districts. Supporters argue this change could reshape representation, potentially affecting the district held by the state’s only Republican U.S. representative.
Republican opponents, including State Senate Minority Leader Steve Hershey, challenged the amendment on multiple grounds. They argued that lawmakers failed to follow procedural deadlines established in legislation passed earlier this year and contended that the ballot wording was misleading and violated constitutional single-subject requirements. Lower courts agreed on some of these points, but the state’s highest court rejected most objections. The justices did concur that ballot wording warranted revision but concluded this issue did not warrant blocking voters from deciding the question.
Democratic Gov. Wes Moore called a special legislative session in August to place the amendment on the ballot. Democratic Attorney General Anthony Brown’s office argued that procedural deadlines did not apply because lawmakers exercised their constitutional authority in drafting their own ballot summary.
The Maryland case reflects a nationwide pattern of redistricting disputes. Republicans had pursued mid-decade redistricting in multiple states, while Democrats have attempted similar efforts in other jurisdictions. Courts in Virginia and Missouri have also intervened in recent redistricting battles, with outcomes affecting both parties’ prospects for gaining seats in upcoming elections.
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