On November 7, a 3-judge U.S. District Court struck down the boundaries of Maryland’s Sixth U.S. House District. Benisek v Lamone, 1:13cv-3233. Here is the opinion, which was written by U.S. Court of Appeals Judge Paul Niemeyer, a Bush Sr. appointee. Niemeyer wrote that partisan gerrymandering violates representational rights and associational rights. U.S. District Court Judge James Bredar, an Obama appointee, agreed that the boundaries violate associational rights, although he did not agree they violate representation rights. U.S. District Court Judge George Russell, another Obama appointee, agreed that the district violates both types of First Amendment rights, although he agreed with Judge Bredar that using election returns is not a proper way to adjudicate these cases.
Democrats gerrymandered the Sixth District in 2011, flipping it from a safe Republican seat to a seat that has elected a Democrat ever since the new boundaries were in effect. The opinion sets out all the evidence that Democrats in the Maryland legislature fully intended to create this outcome. The Sixth District had traditionally comprised western Maryland, but the 2011 redistricting inserted Democratic-leaning suburbs of Washington, D.C. Thanks to Rick Hasen for this news.
If Maryland appeals, it will be to the U.S. Supreme Court. In the meantime, the state is ordered to draws new boundaries before the 2020 election.
