Landmark Settlement Announced in Historic Federalsburg Voting Rights Case

ACLU of Maryland • April 16, 2024


Adding reconciliation to history-making election reform, a landmark settlement was announced this month in a federal lawsuit that challenged 200 years of discrimination against Black voters in the Town of Federalsburg.

 

With a sweeping array of restorative measures, the town seeks to make amends to Black residents for wrongs of the past. The remarkable agreement — the first of its kind in any Maryland voting rights case — was reached through mediation overseen by U.S. Magistrate Judge Erin Aslan. It includes an official apology for historical racism, a street renaming, and community markers commemorating and celebrating the history and contributions of Black residents. 

 

The agreement builds on historic election reform already achieved, with the first election of two Black residents to the town council in September under the new, court-approved election system. The plaintiffs in the case are Black voters from Federalsburg — Roberta Butler, Sherone Lewis, Darlene Pitt Hammond, Elaine Hubbard, Nikendra Bordley, Ryan Haynes, and Lywanda Johnson — along with the Caroline County branch of the NAACP, led by Dr. Willie Woods and Wanda Molock, and the Caucus of African American Leaders, led by Carl Snowden and the Rev. James Jones.

 

The unprecedented settlement promises a series of actions by the town to rectify past wrongs, promote reconciliation, and bring healing to the community:



  • Federalsburg will deliver an official, signed apology, which will be framed and permanently displayed at the town hall.
  • The town will commission a commemorative plaque to be affixed to the town hall, “From Protest to Progress: Events that Changed the Face of Federalsburg,” celebrating Black voters’ voting rights victory.
  • The town will install a photo display at the town hall, in collaboration with the historical society and the plaintiffs, featuring Black community contributions to the town.
  • The town will restore the name Brooklyn Avenue to the portion of the avenue in the Black district renamed Gerardi Boulevard.
  • The town will erect a historical marker in the Black community of Brooklyn celebrating the contributions of the neighborhood's residents and their ancestors.
  • The town will issue a proclamation naming September 26 as Voting Rights Day in recognition of Black voters' historic win on that day in 2023, the town's bicentennial year.
  • The town will establish a unity committee of elected officials and residents from each district to focus on community engagement in elections and matters related to the promotion, engagement, and enhancement of the town’s diverse community.
  • The town will establish an annual multicultural celebration.

 

Read the Town of Federalsburg’s official apology for historical racism:

 

By this writing, the Town of Federalsburg formally acknowledges responsibility and expresses its deep regret for actions and inactions contributing to racial discrimination and exclusion of Black residents, including its use of an election system that prevented any Black person from holding a position on the Town Council over 200 years. As officials of the town, we accept moral accountability for the harms these actions inflicted upon Black residents, their families, and ancestors before them.

 

Black residents have lived in Federalsburg since the town’s founding in 1823, and today make up a much-valued share of our diverse community. In times past, however, the town excluded Black residents from full participation in the town’s political life, working a grave injustice for which we are deeply sorry. As officials and residents of the Town of Federalsburg, we have collective responsibility to build a community based firmly on the principle of equality of opportunity, regardless of one's race or ethnic origin.

 

Through this expression of regret to those who endured race-based hardship and injustice, we seek to turn the page on this shameful history, and to begin a process of reconciliation among all of the town’s residents. Our deep sorrow for past wrongs inspires our unwavering commitment to build a better future for all Federalsburg residents. Going forward, we pledge to do all within our power to ensure that such injustices never happen here again, and to embrace all residents of our town in an inclusive and vibrant community.

 

Black residents account for 47% of Federalsburg’s population, yet until this past fall, Federalsburg’s government was all-White throughout its history. That is why, in the town’s bicentennial year, the plaintiffs challenged Federalsburg’s election practices, including its longstanding use of at-large and staggered elections, as violations of the 1965 federal Voting Rights Act.

 

Deborah Jeon, legal director for the ACLU of Maryland, said: “This extraordinary settlement now brings the parties together in a truly remarkable way — one that I have not seen before in over 30 years doing voting rights work across Maryland and the Eastern Shore. Through the town’s public acknowledgment of its history of past racism, genuine expressions of regret, and by undertaking amends to bring healing to a community that has endured two centuries of racial oppression, officials and residents seize this opportunity to move beyond the wrongs of the past, and toward a new day of equity in Federalsburg.”

 

 

The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures, and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.

 

Common Sense for the Eastern Shore

By Friends of Megan Outten July 29, 2025
Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com
By John Christie July 29, 2025
Way back in 1935, the Supreme Court determined that independent agencies like the Consumer Product Safety Commission (CPSC), the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) do not violate the Constitution’s separation of powers. Humphrey’s Executor v. United States (1935). Congress provided that the CPSC, like the NLRB and MSPB, would operate as an independent agency — a multi-member, bipartisan commission whose members serve staggered terms and could be removed only “for neglect of duty or malfeasance in office but for no other cause.” Rejecting a claim that the removal restriction interferes with the “executive power,” the Humphrey’s Court held that Congress has the authority to “forbid their [members’] removal except for cause” when creating such “quasi-legislative or quasi-judicial” bodies. As a result, these agencies have operated as independent agencies for many decades under many different presidencies. Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). The majority claimed that they do not now decide whether Humphrey’s should be overruled because “that question is better left for resolution after full briefing and argument.” However, hinting that these agency members have “considerable” executive power and suggesting that “the Government” faces greater “risk of harm” from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty,” the majority gave the President the green light to proceed. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
By Shore Progress, Progessive Maryland, Progressive Harford Co July 15, 2025
Marylanders will not forget this vote.
Protest against Trumpcare, 2017
By Jan Plotczyk July 9, 2025
More than 30,000 of our neighbors in Maryland’s first congressional district will lose their health insurance through the Affordable Care Act and Medicaid because of provisions in the GOP’s heartless tax cut and spending bill passed last week.
Farm in Dorchester Co.
By Michael Chameides, Barn Raiser May 21, 2025
Right now, Congress is working on a fast-track bill that would make historic cuts to basic needs programs in order to finance another round of tax breaks for the wealthy and big corporations.
By Catlin Nchako, Center on Budget and Policy Priorities May 21, 2025
The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.
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