A Maryland judge on Wednesday blocked a proposed constitutional amendment that would have allowed Democrats to redraw the state’s congressional districts ahead of the 2028 elections, delivering a setback to Gov. Wes Moore’s agenda.
Anne Arundel County Circuit Court Judge Robert Thompson, appointed by former Republican Gov. Larry Hogan, ruled that the ballot question was legally deficient and could not proceed to the November election. The judge determined that the Maryland General Assembly did not follow its own laws by missing a July 1 deadline for ballot questions and accused lawmakers of being “intentionally misleading” in the amendment’s language. Thompson also criticized the use of a “hastily called special session” to pass the measure.
The legal challenge, filed by the conservative Oversight Project and Republican state lawmakers, will now proceed to the Maryland Supreme Court after an appeal from the Moore administration. The state’s high court consists of five Republican-appointed justices—all appointed by Hogan—and two Democratic-appointed justices, including one from Moore.
Immediate Impact on Redistricting Efforts
The amendment, passed by the Democrat-led General Assembly earlier this month, sought to override a 2022 judicial ruling that struck down a previous Democratic redistricting map. If approved by voters, it would have allowed lawmakers to redraw congressional districts to oust the state’s only Republican congressman, Rep. Andy Harris (R-MD). Democrats currently hold seven of Maryland’s eight congressional seats.
Moore’s office argued that the ruling undermines fair representation amid broader Republican-led redistricting efforts nationwide. “At a moment when states across the country are manipulating congressional maps to silence voters and undermine fair representation, Maryland cannot afford to sit on our hands,” the governor’s office stated.
Legal and Procedural Concerns Raised
During a Tuesday hearing, Judge Thompson expressed concerns about the legislature’s adherence to its own laws, noting that the General Assembly has the authority to amend or repeal statutes but chose not to follow them in this case. “When all of this lawmaking authority rests in one branch of the government, and that branch wants to do something its own laws don’t allow, you can’t just say, ‘We won’t follow those laws,’” Thompson said.
Thompson, who was appointed to the bench in 2018, disclosed prior to the hearing that he had “an association” with two of the plaintiffs—Del. Brian Chisholm (R-Anne Arundel) and Del. Kathy Szeliga (R-Baltimore County)—but stated he did not believe it created a conflict. Attorneys for both sides declined to raise concerns about the disclosure.
Political and Partisan Context
The case is one of two legal challenges to House Bill 2100, the legislation that proposed the constitutional amendment. The push to redraw Maryland’s congressional maps aligns with broader Democratic efforts to counter Republican-led redistricting in states like Texas and Florida, where GOP lawmakers have drawn maps favoring their party.
Moore, a first-term governor facing a safe reelection bid this fall, has positioned himself as a potential 2028 presidential contender. Other Democratic governors, such as Gavin Newsom of California, have successfully advanced similar redistricting measures in their states.
Next Steps and Long-Term Implications
The Maryland Supreme Court will now review the case, with a decision expected in the coming months. If the high court upholds Thompson’s ruling, Democrats will be unable to pursue the amendment in the 2024 election cycle. The outcome could set a precedent for how states interpret ballot initiative deadlines and legislative procedures in future redistricting battles.
For now, the ruling delays Moore’s redistricting ambitions and leaves the state’s congressional map unchanged ahead of the 2026 midterm elections.