On Wednesday, the US Supreme Court will hear a legal challenge to Maryland’s 6th District. The case was brought by a handful of Republican voters in the state, but it’s being argued by a Democratic lawyer, and some left-leaning lawmakers and groups believe that a Republican victory would be the best outcome. If Maryland’s 6th District falls, Democrats would lose a reliable seat in Congress—but they could take the same legal argument that triumphed in Maryland to other states around the country where Republican-friendly gerrymanders are hamstringing Democratic success.
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The bipartisan pushback against gerrymandering isn’t unique to this case: Sen. John McCain of Arizona partnered with Democratic Sen. Sheldon Whitehouse of Rhode Island to submit a brief in another partisan gerrymandering case the Supreme Court will decide this year. In that case, concerning Wisconsin’s congressional map, the two senators asked the court to limit gerrymandering, which they said “undermines our democracy.”
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Not all Maryland Democrats are vocally cheering the fall of the 6th District, but none have filed briefs in support of the current map. Even former Democratic Gov. Martin O’Malley, who signed Maryland’s map into law, announced his support last year for nonpartisan redistricting commissions, saying that the kind of partisan gerrymandering he undertook in 2011 is not “good for our country as a whole.”
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Not all Maryland Democrats are vocally cheering the fall of the 6th District, but none have filed briefs in support of the current map. Even former Democratic Gov. Martin O’Malley, who signed Maryland’s map into law, announced his support last year for nonpartisan redistricting commissions, saying that the kind of partisan gerrymandering he undertook in 2011 is not “good for our country as a whole.”
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The Maryland case appears particularly crafted to appeal to Kennedy. The plaintiffs’ argument is based on a First Amendment strain of jurisprudence known as “retaliation,” which prohibits the government from punishing people based on their past political behavior or viewpoints. In this case, the plaintiffs argue, the Maryland legislature retaliated against Republicans in the 6th District, based on their past support for Republicans, by diluting their votes. In two previous cases, according to Michael Kimberly, the attorney for the plaintiffs, “this is the approach that Justice Kennedy indicated he had interest in.”