By Maya C. Miller and Mikhail Zinshteyn, CalMatters
Recently, California’s Secretary of State confirmed that nearly two-thirds of voters approved Proposition 50, which reshapes the state’s congressional maps to benefit Democrats. However, California Republicans are not backing down. They are currently pursuing legal action to block these maps, arguing that race played an unfair role in how the lines were drawn.
The Republicans claim that the new maps favor Latino voters at the expense of others, especially white voters. They argue this could violate the 14th and 15th Amendments. Notably, federal law allows for some consideration of race in redistricting. However, legal precedents require substantial evidence that a minority group has been consistently outvoted.
Despite these claims, experts say the GOP’s chances look slim. The U.S. Supreme Court recently upheld Texas’s redistricting maps, despite accusations of racial gerrymandering. Justice Samuel Alito stated that the purpose of the Texas map was clear: partisan gain.
This raises concerns that if the Supreme Court further restricts race considerations in redistricting, not only California’s new maps but also older ones could be deemed unconstitutional, potentially shifting power back to Republicans in areas where Black voter strength has increased.
The passage of Prop. 50 might signal tough times ahead for many Republican representatives in California. Some, like Rep. Darrell Issa from San Diego, have even contemplated moving to Texas for a more favorable political landscape. Meanwhile, Republican Assemblymember David Tangipa argues that the new maps could harm candidates like him, placing them in unfavorable districts.
The legal battle is heating up in a Los Angeles court as Republicans seek an injunction against using the new maps before candidates can start collecting signatures for the 2026 primary ballot. During recent hearings, they argued that the redistricting process did not adhere to legal guidelines concerning race.
While the Republicans fight this battle, a significant factor looms—California voters overwhelmingly supported the new maps. Emily Rong Zhang, a law professor at UC Berkeley, indicated that proving voter intent to unfairly favor one group over another would be challenging.
Meanwhile, the Supreme Court is considering another case that could fundamentally change the rules of redistricting nationwide. In Louisiana v. Callais, they are debating whether parts of the Voting Rights Act, which protect minority voting power, should be invalidated. This ruling could have far-reaching effects on both California’s current and past congressional maps.
In addition to California, other states like Texas, Virginia, Maryland, and Florida are also grappling with redistricting efforts, as they realign their political maps post-census. The implications of these changes will shape political landscapes across the country for years to come.
This article was originally published by CalMatters and is available under a Creative Commons License.
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