Maryland judge spares state's last Republican representative — for now

A Maryland judge ruled on Wednesday that the Democrats' attempt to gerrymander their state’s lone Republican congressional district out of existence was legally deficient.

Anne Arundel County Circuit Court Judge Robert Thompson held that the redistricting measure HB 2100 threatening Rep. Andy Harris’ (R-Md.) seat should not move forward as part of a November referendum. Anticipating an appeal to the Maryland Supreme Court, Thompson stayed his order.

‘When are we going to be honest with the people and say, "Your government can do whatever it wants"?’

Oversight Project vice president of litigation Jeffrey Clark represented the plaintiffs, arguing that Maryland Democrats ran roughshod over their own deadlines and election statutes.

HB 2100 was introduced August 3, despite statutory codes mandating that any modifications to statewide ballot measures be submitted by July 1. Plaintiffs argued that HB 2100 violated the July 1 deadline and illicitly placed a redistricting measure on the November ballot.

However, Assistant Attorney General Daniel Kobrin insisted that the General Assembly's constitutional authority was not restricted by statutes.

Judge Thompson ultimately bought Clark’s case. Throughout the roughly five hours of oral argument, Thompson repeatedly expressed skepticism toward the state’s case.

“Why not be honest with the people … and let them know if you have a three-fifths majority, you can do whatever you want?” Thompson asked Kobrin from the bench. “When are we going to be honest with the people and say, 'Your government can do whatever it wants'?”

The state immediately filed an appeal to the Maryland Supreme Court.

“We respectfully disagree with the Circuit Court’s decision and have already filed our appeal to the Maryland Supreme Court," Maryland Governor's Office spokesperson Ammar Moussa said in a statement. "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.”

State Sen. Cheryl Kagan (D) and Del. Kris Fair (D) attended the hearing. Kagan's involvement in the ballot measure was highlighted by the plaintiffs.

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Maryland Governor Wes Moore (Andrew Harnik/Getty Images)

“There is no time to comply with the plain language of the law with our new law because July 1st is in the rearview mirror,” the senator said in early August when debating the bill. Clark referenced her remarks as evidence that Maryland Democrats intended to violate election statutes to get the redistricting measure on the November ballot.

Ballots may be printed as early as September 3, according to state law. The Maryland Supreme Court is providing expedited review in order to render a decision prior to ballot-printing.

“It is very rewarding to see that the Judge assigned to the case agreed with the catalogue of legal errors we laid out that the General Assembly and Governor [Wes] Moore made in their hurry-up Special Session,” Clark said in a statement after the ruling. “Now we will proceed with energy and this wind at our backs as we go up to defend this victory on appeal before the Maryland Supreme Court.”

Clark served as acting administrator of the White House Office of Information and Regulatory Affairs from March 2025 to March 2026, leaving to join the Oversight Project.

“This is a big win not only for Marylanders but fans of justice across the country. We had the facts and law on our side and won, and that won't change if the state appeals,” Oversight Project president and affected Maryland voter Mike Howell said in a statement.

Howell, all seven Maryland Freedom Caucus members, and state Sens. Steve Hershey (R) and Justin Ready (R) jointly filed suit against the State Board of Elections regarding HB 2100 on August 6.

"Today's decision is a victory for Maryland voters and the rule of law," Rep. Harris said in an X post on Wednesday.

Kagan and Fair did not respond to requests for comment.

Editor's note: Mike Howell is a contributor to Blaze News.

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