To remove Rep. Andy Harris through redistricting, Maryland Democrats must first confront the state’s Republican-leaning Supreme Court—and time is running out.
⚖️ The Redistricting Gambit: Harris, the Court, and the Clock
Maryland Democrats are weighing a high-stakes maneuver: redraw the state’s congressional map in a special session to eliminate Rep. Andy Harris’s district before the 2026 primaries. But the plan faces a formidable obstacle—the Maryland Supreme Court, which currently leans 5–2 Republican due to appointments made by former Gov. Larry Hogan.
Any new map would be challenged immediately, and the court could impose its own version—potentially shifting Maryland’s delegation from 7–1 Democratic to 6–2 or even 5–3, a devastating reversal for Democrats.
🧭 Constitutional Leverage: Can the Senate Remove the Court?
Under Article IV, Section 4 of the Maryland Constitution:
> “Any Judge shall be removed from office by the Governor, on conviction in a Court of Law... or on the address of the General Assembly, two-thirds of each House concurring in such address, and the accused having been notified of the charges against him, and having had opportunity of making his defence.”
> — Maryland Constitution Article IV § 4
This rarely used provision allows the legislature to remove judges with a supermajority vote in both chambers. If Democrats act swiftly, they could remove the current justices and allow Gov. Wes Moore to appoint replacements—potentially flipping the court before it rules on redistricting.
🗺️ The Clarence Lam Map: Bold but Legally Risky
Sen. Clarence Lam has proposed reviving Proposal 3 from the 2021 Legislative Redistricting Advisory Commission. It would tie the Eastern Shore to Anne Arundel County, splitting Harford and Cecil into separate districts. But critics warn it resembles the 2022 map that was struck down by Senior Judge Lynne Battaglia as “extreme partisan gerrymandering”.
Senate President Bill Ferguson has rejected Lam’s plan, citing “catastrophic downside risk” and warning that the court could impose a worse map. Ferguson’s letter argues that mid-cycle redistricting “twists rules for short-term advantage while undermining trust in institutions.”
⏳ The Timeline Trap: Why Delay Is Dangerous
To affect the 2026 primaries, a new map must be finalized by spring 2026. That means:
- A special session must be called before January.
- The court must be reconstituted before it can rule.
- A legally defensible map must be drafted—not Lam’s current version.
If Democrats wait, the court will likely strike down any aggressive map and impose its own. Harris, who has already vowed legal retaliation, could end up with a safer seat than before.
🧨 The National Context: Red States Are Moving Fast
Texas, Missouri, and North Carolina have already redrawn maps to favor Republicans. California and Illinois are responding in kind. Maryland risks falling behind in the redistricting arms race unless it acts decisively.
Gov. Moore has signaled openness to a special session, saying “we are not going to bend the knee to Donald Trump”. But without Senate cooperation, the effort stalls.
📎 Footnotes and Additional Reading
- HTTP://law.justia.com/constitution/maryland/article-iv/section-4 — Maryland Constitution Article IV § 4: Judicial removal process
- HTTP://courts.state.md.us/scm/justices — Current composition of the Maryland Supreme Court
- HTTP://marylandmatters.org/2025/08/27/maryland-redistricting-proposal-texas/ — Clarence Lam’s redistricting proposal
- HTTP://salon.com/2025/10/29/risks-are-too-high-marylands-top-democrat-shoots-down-partys-redistricting-push/ — Ferguson’s letter rejecting redistricting
- HTTP://wtop.com/local/2025/08/it-just-wouldnt-be-fair-marylands-only-republican-congressman-responds-to-moores-redistricting-threat/ — Andy Harris responds to redistricting threat
- HTTP://talk995.com/2025/09/05/dems-aim-to-oust-rep-andy-harris-via-md-redistricting/ — Democrats consider redistricting to oust Harris
- HTTP://marylandmatters.org/2025/10/30/moore-pushes-for-congressional-redistricting-sets-up-confrontation-with-senate/ — Moore signals support for redistricting special session