Anne Arundel County Circuit Court Judge Robert J. Thompson told a packed courtroom on Tuesday that he has “a couple things that trouble me” about a Republican‑led lawsuit challenging a proposed amendment to the Maryland Constitution on redistricting. The case, filed by Del. Brian Chisholm (R‑Anne Arundel) and State Sen. Kathy Szeliga (R‑Baltimore County), argues that the legislature violated its own procedural rules when it pushed the amendment through a special session.
Judge’s Concerns Center on Legislative Authority
Thompson explained that when a single branch of government creates statutes and then attempts to act contrary to those statutes, it sets a dangerous precedent. “When all of this lawmaking authority rests in one branch of the government, and that branch wants to do something that its own laws don’t allow, you can just say, ‘Well, we won’t follow those laws.’ That doesn’t seem right to me,” the judge said.
He added that the General Assembly has the power to repeal, amend, or carve out exceptions in its own laws, and it should not simply discard them when inconvenient. The judge, appointed by former Gov. Larry Hogan in 2018, disclosed an “association” with the two plaintiffs but said he did not believe it created a conflict. Both sides’ attorneys declined to raise objections to the disclosure.
Amendment Would Redefine Compact‑District Requirements
The amendment at issue would clarify that the constitutional requirement for districts to be compact and contiguous applies only to state legislative districts, not to congressional districts. The change follows a 2022 decision by Judge Lynne Battaglia that struck down a 2021 congressional map for failing to meet those standards. While the Battaglia ruling was not appealed, lawmakers later adopted a revised map that currently favors Democrats in seven of Maryland’s eight congressional districts.
Republicans view the amendment as the first step toward new congressional maps that could be drawn as early as next year, potentially affecting the lone Republican member of Congress from Maryland, Rep. Andy Harris (R‑1st). The lawsuit argues that the special‑session bill that set a July 1 deadline for ballot questions sidestepped that deadline, violating due‑process rights of Maryland voters.
Timeline and Next Steps
Thompson had hoped to issue a ruling by Tuesday but indicated he would decide by Wednesday afternoon. The case is expected to move to the Maryland Supreme Court, and election officials are racing to certify roughly 1,200 ballot variations by the Aug. 31 deadline for the November 3 ballot.
State Election Administrator Jared DeMarinis welcomed the judge’s sense of urgency, saying the office needs clarity to meet certification deadlines and ensure timely mail‑in ballots. “We just want some clarity… so that we can meet all the certification deadlines and make sure that the mail‑in ballots go out in a timely fashion,” DeMarinis said.
Political Reactions
Republican plaintiffs, including Del. Ryan Nawrocki (R‑Baltimore County) and Oversight Project President Mike Howell, framed the lawsuit as a defense of Marylanders’ due‑process rights. “The governor and the General Assembly are well within their rights to make mistakes, but they can’t run roughshod over the very rules they laid out,” Howell told reporters.
Former Trump White House official Jeff Clark, now vice president of litigation for the Oversight Project, served as lead counsel. Clark was previously indicted in connection with attempts to overturn the 2020 Georgia election results, a case later dropped after President Trump pardoned him.
Democratic House leader Del. Kris Fair (D‑Frederick) criticized the involvement of Clark, calling him “infamous” for his role in the Georgia election controversy. Fair argued that bringing such a figure into a Maryland case undermines the right of voters to decide the amendment themselves.
What This Means for Voters
If the amendment passes, Maryland voters will be asked in November whether to limit compact‑district requirements to state legislative districts only. The outcome could reshape congressional maps and influence the balance of power in the U.S. House. Both parties remain closely watching the judge’s upcoming decision, which will set the stage for the final ballot language and timing.
Original reporting: Alexandria, VA News – WTOP News — read the source article.
