The Supreme Court announced Friday evening it will hear a Maryland case over whether a Maryland congressional district was redrawn unconstitutionally, the second gerrymandering case the high court will hear this term.
The Benisek v. Lamone case, one of seven the court said Friday it would take up this term, stems from Maryland Democrats’ redrawing of the boundaries for the 6th congressional district in 2011. Former Republican Rep. Roscoe Bartlett had represented the region starting in 1993, until Democrat John Delaney picked it up as a result of the redrawn district, which added part of liberal Montgomery County to the conservative Western Maryland district.
Republican voters say Maryland’s Democratic leaders violated their First Amendment rights by creating a district that would ensure a Democratic win. They say the partisan gerrymander violates their right to representation and the protection of political association.
Initially, a three-judge panel ruled the Republican voters could continue with their challenge, but a second ruling said the map could not be challenged.
The Supreme Court’s decision to take up the case marks the second time it has added a second partisan gerrymandering case to this term’s calendar.
Gill v. Whitford is a challenge to the entire state’s redistricting system, which the justices heard oral arguments for in October. Justice Anthony Kennedy and Chief Justice John Roberts both raised questions about the justices’ ability to resolve political gerrymandering disputes. The court has never thrown out a politically gerrymandered district, as the Constitution does not explicitly say how districts should be drawn. Certain laws such as the Voting Rights Act require that districts be gerrymandered to ensure minority representation in Congress.
