MD Gerrymandering Ruling 'Disappointing,' Benefits Dems: Hogan

ANNAPOLIS, MD — The U.S. Supreme Court decision to forego action on the major issue in a Maryland gerrymandering case is "disappointing," Gov. Larry Hogan said Tuesday. Republicans argued that a new legislative district was drawn to favor Democrats, and the high court sent the Maryland case back to the state for trial.

"Very disappointed with the Supreme Court’s decision to punt on this clear and convincing case of gerrymandering and frustrated that this unfair practice will be allowed to continue," Hogan said on Facebook. "We have been fighting for nonpartisan redistricting for the last 4 years, and even though an overwhelming majority of Marylanders agree, the legislature has refused to even bring it to the floor for a vote."

The Maryland case that challenges the constitutional limits of political redistricting will head to trial after the Supreme Court declined to decide the merits of arguments by Republicans that Democrats favored their party in redrawing district lines. Benisek v. Lamone focused on whether changes to election district boundaries in favor of one party is a violation of the First Amendment. The Supreme Court held Monday that a Maryland district court did not abuse its discretion in denying a preliminary injunction in the case.

"Maryland has some of the worst districts in the nation, " Hogan commented. "Former Governor (Martin) O'Malley admitted - under oath - that Maryland's lines were drawn for partisan political purposes. Not sure what else the Court could possibly need to address this critical issue."

Michael B. Kimberly, representing O. John Benisek, a resident of Washington County, argued the partisan gerrymandering that occurred in Maryland's 6th District under then-Gov. Martin O'Malley, a Democrat, in 2011 was a violation of the First Amendment due to the additional challenges created by shifting districts for voters.

In 2011, O'Malley created the Governor's Redistricting Advisory Committee to redraw the congressional and state legislative districts in Maryland. A new map was created, passed both the Maryland House and Senate, and was signed by O'Malley. Before the redistricting, Maryland Democrats controlled six of the state's eight U.S. House districts. After the election following the new map, the Democrats controlled seven seats.
Republicans argued the partisan redistricting caused irreparable damage to voters in the new district.

Kimberly said that "Governor O'Malley and others involved in the redistricting have candidly acknowledged their intent to dilute Republican votes in the 6th District to prevent Republican voters there from reelecting Congressman Roscoe Bartlett."

"Given their evidence, (the appellants) certainly have enough to go to a jury on that question," Justice Sonia Sotomayor said during oral arguments in March.

The Associated Press reports that in the Maryland lawsuit, the justices declined to decide any of the big questions before them:

• Should courts even be involved in the political task of redistricting?
• Is there a workable way to measure how much politics is too much?
• Do the particular plans being challenged cross that line?

The Maryland case is in its preliminary phase and will now head to a trial.

You can read the full Supreme Court opinion for Maryland here.

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