U.S. Justice Department joins suit over passage of Proposition 50

Gov. Newsom
Photo credit Justin Sullivan/Getty Images

The U.S. Justice Department Thursday joined state Republicans in a federal lawsuit in Los Angeles challenging the constitutionality of Proposition 50, the recently passed measure redrawing California's congressional district lines to boost Democratic representation in Washington.

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"California's redistricting scheme is a brazen power grab that tramples on civil rights and mocks the democratic process," Attorney General Pam Bondi said in a statement on the DOJ's effort to join the suit. "Governor Newsom's attempt to entrench one-party rule and silence millions of Californians will not stand."

A hearing is set for Nov. 21 in Los Angeles federal court to discuss the DOJ's unopposed motion to intervene in the case.

Assemblyman David Tangipa, R-Fresno, the California Republican Party, and 18 district voters brought the lawsuit last week, asking a judge to block the new district lines at least temporarily so California's original map stays in effect for the 2026 midterm elections.

The suit, which names Gov. Gavin Newsom and California Secretary of State Shirley Weber as defendants, argues that the new Proposition 50 maps are unconstitutional because they improperly use voters' race as a factor in drawing districts and asks the court to stop them from taking effect.

"Proposition 50 represents a mid-decade redistricting, precisely the kind of legislative interference that the California Constitution was designed to prevent," the 26-page complaint contends. "It attempts to substitute a legislative map for the one lawfully adopted by the (state redistricting) commission, without any intervening census or constitutional authorization. It attempts to create a third option way for legislators to interpose themselves on a process in which they otherwise were barred from participating in."

The original plaintiffs are represented by the Dhillon Law Group, founded by Harmeet Dhillon, who is now the assistant Attorney General for Civil Rights at the U.S. Department of Justice under President Donald Trump.

Voters on Nov. 4 overwhelmingly approved Proposition 50, which supporters dubbed "The Election Rigging Response Act."

Newsom, who conceived of what would become Proposition 50 after Texas adopted a mid-decade congressional redistricting plan favorable to Republicans, called its passage "not just a victory tonight for the Democratic Party, it was a victory for the United States of America, for the people of this country and the principles that our Founding Fathers lived and died for."

Proposition 50 established new congressional district maps for the 2026 midterm elections that will also be used for the 2028 and 2030 elections. An analysis by the election news website Ballotpedia said it would shift five Republican-held congressional districts toward Democrats.

Democrats hold a 43-9 advantage in the state's House delegation.

The measure came in response to an effort in Texas for a mid-decade congressional redistricting that analysts said would give Republicans five additional seats. Other Republican-controlled states such as Florida, Ohio, Indiana, Missouri, New Hampshire, Nebraska and South Carolina are also considering efforts to approve mid-decade redistricting.

Backers of Prop 50 said it "draws fair maps that represent California's diverse communities and ensure our voices aren't silenced by Republican gerrymandering in other states."

In a statement on election night, Republican Party of Orange County Chairman Will O'Neill said, "Millions of Californians will go to bed tonight knowing that their voices have been silenced by backroom deals, Gov. Newsom's thirst for power, and a cynical campaign funded by George Soros, government unions, and national Democrats.

"Over $130 million was spent to convince Californians that a campaign to steal voters' power was worth the $300 million price tag for this special election.

"Gavin has kick-started a redistricting effort in other states to counter his avarice. He signed the redistricting legislation before Texas did. And while the blue states fail to find more seats because they already gerrymandered out Republican voices, red states have begun pushing back against this Gavin-mandering.

"His reckless, self-serving actions set off a national fight that ultimately Democrats will lose."

Mike Columbo, a plaintiffs' attorney in the federal lawsuit, said the proposition will be found unconstitutional, because the Legislature had no legal basis to move forward with a redistricting effort.

"The record we have establishes that ... before the maps were voted upon and after, analyses were conducted that concluded that there was no voting rights problem in California's prior maps for the Legislature to remedy," he said. "Further, there is no evidence whatsoever that the California Legislature in fact circulated any such analysis to the legislators for them to consider when they cast their votes to launch Proposition 50."

First Assistant U.S. Attorney Bill Essayli of the Central District of California said a new congressional-district map in which Latino demographics and racial considerations are central violates the Equal Protection Clause.

"The race-based gerrymandered maps passed by the California legislature are unlawful and unconstitutional," Essayli said in a statement Thursday. "The U.S. Department of Justice is moving swiftly to prevent these illegal maps from tainting our upcoming elections. California is free to draw congressional maps, but they may not be drawn based on race."

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Featured Image Photo Credit: Justin Sullivan/Getty Images