Marylanders for Fair Representation, Inc. v. Schaefer

I concur in the result of the majority’s opinion denying the defendants’ motion to dismiss this case. I believe, however, that this Court should refrain from exercising any adjudicative function in this case until after the Maryland Court of Appeals will have completed the review of the Governor’s redistricting plan it is mandated to conduct under the Maryland Constitution.

The primacy of state judiciaries, with respect to redistricting issues, was recognized by the Supreme Court in Scott v. Germano, 381 U.S. 407, 85 S.Ct. 1525, 14 L.Ed.2d 477 (1965). There, the Court observed that “[t]he…