Republicans said Democrats in the state General Assembly sought to silence their votes through partisan gerrymandering. The case is probably headed for the Maryland Court of Appeals.
— violated the Maryland Constitution’s protections of free speech, free and frequent elections and its equal protection clause.
Robert Popper, an attorney with right-wing legal activism group Judicial Watch, urged the judge to take a “walks-like-a-duck” approach to evaluating the map. If several metrics the experts used indicate the map is a partisan gerrymander, it is probably a partisan gerrymander, he said. But she ultimately still applied the state’s requirements for drawing legislative districts to the congressional districts to find that it is unconstitutional.
He pointed in part to the fact that if Democrats in the General Assembly “were intent on destroying a Republican district, they could have done that — but they didn’t.” While Biden would have won Harris’s district by just under 1 percentage point in 2020 under the new lines, Lichtman and others anticipate it still favors Harris. Lichtman said it is “instructive” that the General Assembly chose not go further to make the 1st District safer for a Democrat.
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