Maryland’s Supreme Court ruled Thursday evening to keep a Democrat-led redistricting referendum on the state’s November ballot, though with revised wording.
The ruling overturns a lower court’s earlier decision to block the proposed ballot question, marking a significant win for Democrats seeking to reclaim House seats.
If approved by voters, the state constitutional amendment would authorize the Maryland General Assembly to grant the state’s highest court original jurisdiction to review congressional redistricting plans.
Maryland Democrats, who control the General Assembly, have aggressively pushed for the measure, which could help their party win all eight of the state’s congressional House seats.
The proposed amendment clarifies that Maryland’s strict redistricting parameters, tied to a 2022 court decision striking down a 2021 map, apply only to state Assembly districts and not congressional maps.
The distinction is legally significant, as it would effectively allow Democrats to draw more favorable congressional boundaries without the constraints previously applied statewide.
In a dissenting opinion, Maryland Supreme Court Justice Steven Gould said he would have kept the question off the November ballot entirely, arguing it was not the high court’s “job to rewrite the question for the General Assembly.”
Justice Glenn Harrell joined Gould’s dissent, signaling that at least two members of the court had serious reservations about the majority’s decision to rework the ballot language.
Gould further argued that the majority’s proposed rewrite “remains misleading,” cautioning that Maryland voters reading it would not understand that the criteria being removed include the guarantees of the Declaration of Rights.
He described the Declaration of Rights as the collection of sacred rights that protect Marylanders against government overreach, raising concerns that voters could approve changes without grasping their full constitutional implications.
The ruling sets the stage for a consequential November vote that could reshape Maryland’s congressional delegation and influence the broader national battle for control of the House.
Democrats nationwide are watching closely, as flipping even a handful of additional seats in a reliably blue state like Maryland could prove decisive in determining the House majority.
