New Congressional Districts on the Drawing Board

Peter Heck • March 2, 2021

Maryland’s eight congressional districts are due for adjustment. This is nothing unusual; in fact, the Constitution mandates that every 10 years, following the federal census, each state’s allotment of congressional representatives be reapportioned to reflect changes in population. In normal times, only a few states will see a change in the total number of representatives, but within each state, it is common for the boundaries of congressional districts to shift — often slightly, sometimes dramatically.

The most dramatic shifts occur when a state as a whole has gained or lost population, resulting in a change in the number of its representatives. There can also be changes when some areas of a state gain or lose population relative to others. Because of the “one man, one vote” principle, districts are expected to be approximately equal in population, as well as compact geographically. And that creates both challenges and opportunities for gamesmanship — especially when the boundaries are drawn by one dominant political party. The time-honored term for this is “gerrymandering,” named after Massachusetts Gov. Elbridge Gerry, who in 1813 created a bizarrely-shaped district in order to give his party more representatives in Congress.

One especially blatant modern example is the 2013 Texas districting map, which  — among other problems — split the progressive city of Austin among five congressional districts, all of which had the majority of their population in more conservative suburban or rural counties. Given this shameless attempt to shape the political landscape, it was something of a surprise that one Democrat managed to win and keep a seat in Congress. The map was challenged on grounds that it prevented racial and ethnic minorities from receiving proportionate representation despite the census showing growth in their numbers. Despite these challenges, the map was upheld in a 2020 Supreme Court decision in which the conservative majority ruled that local districting is a state matter over which federal courts have no authority.


Closer to home, some of Maryland’s current districts are often cited as examples of shameless gerrymandering. Redrawn after the 2010 census by a commission appointed by then-Gov. Martin O’Malley, a Democrat, the boundaries were set up to make seven of the state’s eight districts safe for Democrats. The Third District, which winds erratically from north of Baltimore to the shores of the Chesapeake Bay in Anne Arundel County, and ventures nearly to the border of Washington, DC, in Montgomery County, has been called the most gerrymandered district in the nation by The New Republic. The First District, which includes the entire Eastern Shore plus parts of Baltimore, Harford, and Carroll counties, was set up to give Republicans a shot at one seat in Congress. While Republican Andrew P. Harris has won the district handily in every election since 2010, the district had a distinctly Republican lean well before that redistricting.

 

Gov. Larry Hogan, a moderate Republican, has tried to establish a better balance by introducing redistricting reform legislation, but the heavily Democratic General Assembly has resisted his effort. Now, Hogan is attempting to bypass the General Assembly by appointing a nonpartisan Maryland Citizens Redistricting Commission, including three members from each of the two major political parties and three independent members. The measure was recommended by a study Hogan authorized in 2015, chaired by two of the members of the current commission. However, any map drawn by the commission will still require approval by the General Assembly, reintroducing the possibility of a political slant.

 

One problem the commission — or whatever body ends up creating the final map — must face is the necessity of equalizing the districts’ populations. The current districts, whatever else can be said about them, are reasonably well balanced in population, with only about 1.6 percent difference between the largest and smallest. But the Eastern Shore, with just over 500,000 population, needs to combine with some other part of the state to get to the 720,000 figure that represents the average size of the current districts. Moreover, other parts of the state are growing faster than the Shore, in which four counties — Talbot, Dorchester, Somerset, and Kent — actually lost population since the 2010 census. For better or worse, the Shore will need to be coupled with some other part of the state to make up a district.

 

Another factor, according to a Feb. 18 story in Maryland Matters, is a delay in the release of updated census data until the fall of 2021. That gives the redistricting commission and the General Assembly only a short time to get the new districts defined before Feb. 22, 2022, the filing deadline for candidates. Certainly would-be candidates don’t want to file for the primary only to learn that they don’t live in the district they were planning to run for!

 

Whether the new district lines will level the playing field — either on the Shore or statewide — remains to be seen. But it would be gratifying to have them drawn in such a way that Maryland is no longer held up, along with Texas, to national ridicule as an example of extreme gerrymandering.

 

 

Peter Heck is a Chestertown-based writer and editor, who spent 10 years at the Kent County News and three more with the Chestertown Spy. He is the author of 10 novels and co-author of four plays, a book reviewer for Asimov’s and Kirkus Reviews, and an incorrigible guitarist

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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