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A Maryland judge has temporarily blocked a Democratic-backed redistricting referendum from appearing on the November ballot, dealing a significant setback to the party’s effort to reshape the state’s congressional map before the 2028 elections.
The ruling by Circuit Court Judge Robert J. Thompson, an appointee of former Republican Gov. Larry Hogan, puts Maryland Democrats’ redistricting strategy in legal limbo just weeks before voters are scheduled to consider the proposed constitutional amendment.
Thompson stayed his ruling pending an appeal to the Maryland Supreme Court, meaning the fight over whether voters will ultimately see the referendum is far from over.
The referendum was approved by Maryland’s Democratic-controlled Legislature during a two-day special session earlier this month. Supporters say the measure would give the state greater flexibility in drawing congressional districts by allowing those districts to operate under different geographic requirements than Maryland’s legislative districts.
Critics have argued the proposal could give Democrats a path toward drawing a congressional map heavily tilted in their favor — potentially producing an 8-0 Democratic congressional delegation as early as the 2028 elections.
But Thompson did not reach the underlying political question in his ruling. Instead, he focused on how the Legislature approved the measure and how the question would be presented to voters.
He concluded that the legislation was “legally deficient,” arguing that lawmakers failed to follow the ordinary procedures required when submitting proposed constitutional amendments to Maryland voters.
The judge also sharply criticized the referendum’s wording, calling it “intentionally misleading” and saying the language itself was sufficient to disqualify the ballot question in its current form.
“Even if the legislature’s reading of the constitution is correct and they are exempted from following the laws they impose on all other Marylanders, the court finds the ballot question itself to be deficient,” Thompson wrote.
The ruling immediately drew pushback from Democratic leaders, who said they believe the General Assembly acted within its constitutional authority.
Maryland Senate President Bill Ferguson said he was confident the courts would ultimately uphold the Legislature’s actions.
“We believe the General Assembly acted squarely within its constitutional authority,” Ferguson said in a statement.
Democratic Gov. Wes Moore’s office also rejected the ruling and said Democrats had already appealed to the state Supreme Court.
“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,” Moore spokesperson Ammar Moussa said. “We believe Maryland voters deserve the opportunity to make their voices heard, and we will continue fighting to ensure they can.”
The legal fight comes amid an increasingly aggressive national battle over congressional redistricting.
Republicans have spent much of the year pursuing favorable maps in states including Texas, Missouri and Alabama, while Democrats have sought ways to counter those efforts in states where they control state government.
The stakes have grown even higher following a series of Supreme Court decisions affecting voting rights and redistricting, including a ruling that weakened federal protections for some majority-Black congressional districts under Section 2 of the Voting Rights Act.
That national environment has turned Maryland into an important piece of a much larger partisan battle over who controls congressional districts heading into the next presidential cycle.
Maryland Democrats have argued that Republican-controlled states should not be allowed to redraw maps for partisan advantage without Democratic-controlled states responding.
But opponents of the Maryland proposal have questioned whether fighting partisan gerrymandering with another partisan gerrymander simply deepens the problem.
The referendum was itself the product of an unusually compressed legislative process. Lawmakers approved it during a special session earlier this month, setting up a November vote that would have allowed Maryland voters to decide whether to amend the state constitution.
Now, the Maryland Supreme Court will have to determine whether the Legislature followed the proper constitutional procedures — and whether voters will get the opportunity to decide the issue for themselves.
For Democrats, the timing is critical. A successful referendum could give the party substantially more flexibility when Maryland’s congressional districts are next redrawn.
But if the courts ultimately keep the measure off the ballot, Democrats could lose one of their most significant opportunities to counter Republican redistricting efforts before the 2028 elections.
The immediate question is therefore no longer simply what Maryland voters think about redistricting.
It is whether they will get to vote on it at all.
