Just last week California’s secretary of state officially certified that nearly two-thirds of Californians voted to pass Proposition 50, Gov. Gavin Newsom’s plan to temporarily gerrymander the state’s congressional maps in favor of Democrats.
Nevertheless, Republicans and the Trump administration are hopeful a federal district court panel meeting in Los Angeles this week will intervene to bar the state from using the new maps next year.
California Republicans, who sued Newsom and Secretary of State Shirley Weber the day after the election, are staking their challenge on the argument that California’s primary mapmaker illegally used race as a factor in drawing district lines, giving Latino and Hispanic voters outsize influence at the expense of other racial and ethnic groups, including white voters.
This, the Republicans argue, means the maps amount to an illegal racial gerrymander and a violation of the 14th and 15th amendments. Although Section 2 of the federal Voting Rights Act allows for race-conscious redistricting, they add, case law and judicial precedent have set a strict standard that requires a minority group to prove they have been systematically outvoted by a majority that consistently votes together to deny the minority their chosen candidate.
But the Prop. 50 opponents’ odds look slim, especially after the U.S. Supreme Court’s conservative majority recently blessed Texas’ new maps, overturning a lower court’s finding that Republicans there had engaged in unconstitutional racial gerrymandering.
“It is indisputable that the impetus for the adoption of the Texas map (like the map subsequently adopted in California) was partisan advantage pure and simple,” wrote conservative Justice Samuel Alito in a concurring opinion supported by Justices Neil Gorsuch and Clarence Thomas.
And then there’s the looming possibility that the Supreme Court, in a separate case, could outlaw entirely the use of race in the redistricting process, which could render California’s new maps — as well as the previous ones drawn by the independent citizens commission — unconstitutional. That would also give Republicans a major advantage in Southern states, where several districts drawn to increase Black Americans’ voting power currently are represented by Democrats.
Despite the long odds, the ailing California GOP has run out of other options for resistance. The passage of Prop. 50 is likely to mark the beginning of the end for several of California’s Republican House members, who have been forced to decide whether to run in their current, now less favorable Republican districts, switch to new seats or drop out entirely.
One of them, Rep. Darrell Issa, who represents parts of San Diego County, even considered relocating to Texas and running for a Dallas-area seat that would be more friendly to Republicans, but the president reportedly refused to endorse him for the already contested Texas seat, so he decided to stay.
The legal challenge claims the Prop. 50 maps cause “stigmatic and representational injury” by placing certain candidates, such as Republican Assemblymember David Tangipa of Fresno, who is Polynesian, into districts drawn with a specific racial or ethnic minority group in mind.
Case is in Los Angeles court this week
The challengers, who include Tangipa, the California Republican Party, several Republican voters and the Trump White House, are asking a three-judge panel for the Central District of California to grant a preliminary injunction on the maps before Dec. 19, the date when candidates can start collecting signatures to get their names on the 2026 primary ballot. A preliminary injunction would temporarily prevent the maps from being used in an election.
On Monday in court, the Republican challengers presented their case, arguing that since supporters of Prop. 50 publicly touted that the maps increased representation for Latino voters, state lawmakers and consultant Paul Mitchell, who was hired to draw the maps, took race into account. Therefore, they must justify how their new districts meet the standard for permissible racial gerrymanders, attorneys argued.
“It is legal to race-based redistrict under the Voter Rights Act. Section 2 protects it. But it also gives you guidelines,” Tangipa told CalMatters in an interview after testifying in court on Monday in Los Angeles. “In Sacramento, they did not follow those guidelines.”
Tangipa asserted that even though Democratic lawmakers intended primarily to increase their party’s ranks based on political ideology, “They used race to justify that end goal.”
The plaintiffs sought to have Mitchell testify, but the court denied a request to force him to take the stand to explain whether he intentionally tried to increase the voting power of specific racial and ethnic groups. Since Mitchell lives more than 100 miles away from the court, he was out of the reach of a subpoena. Still, the judges questioned his blanket use of “legislative privilege” to resist producing documents the plaintiffs requested.
At one point, as a redistricting expert testified, the plaintiffs focused on a line from Democratic former Senate President Pro Tem Mike McGuire’s public statement after the Legislature passed the package of bills paving the way for the Nov. 4 special election.
“The new map makes no changes to historic Black districts in Oakland and the Los Angeles area, and retains and expands Voting Rights Act districts that empower Latino voters to elect their candidates of choice,” McGuire’s statement said.
McGuire announced last month that he will challenge Republican Rep. Doug LaMalfa in one of the newly configured Prop. 50 seats.
But proponents of the new maps argue they intended purely to create a partisan advantage for Democrats, and any increase in voting power for certain ethnic or racial groups was incidental.
Ultimately, 'it was endorsed by the voters'
Also complicating the GOP’s challenge is that California voters overwhelmingly approved the maps.
“Even if we assume that the Legislature improperly considered race, ultimately it went into effect because it was endorsed by the voters,” Emily Rong Zhang, an assistant professor of law at the University of California at Berkeley School of Law, previously told CalMatters. “They would have to show that the voters had the intent to create districts that disproportionately favor the voting power of a racial group over another.”
One unknown is how the Supreme Court will rule on a case that questions whether it’s constitutional to even consider race as a factor when redistricting.
The justices are weighing in another ongoing case, Louisiana v. Callais, whether to strike down a part of the federal Voting Rights Act that requires the creation of districts in which racial and ethnic minorities have a chance to elect their preferred candidate. If the ruling is retroactive, a decision to strike it down could invalidate both California’s old and new maps.
Regardless of how the Supreme Court rules, other states have jumped into the redistricting effort or are contemplating entering the fray. In addition to Texas and California, four other states have already implemented new congressional maps, according to the National Conference of State Legislatures. Virginia, Maryland and Florida have also taken some steps toward redistricting.
This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
