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The U.S. Department of Justice launched a sweeping challenge Thursday against California Gov. Gavin Newsom, alleging that the state’s newly approved Proposition 50 congressional map amounts to unlawful racial gerrymandering engineered to elevate Hispanic voting power—at the expense of constitutional protections.

The 18-page federal complaint claims Proposition 50, championed by Newsom and approved by voters on Election Day, was crafted to flip five U.S. House seats for Democrats in the 2026 cycle.

“The result is a map that manipulates district lines to boost Hispanic Californians solely because of their race,” the DOJ asserts. “Our Constitution does not tolerate this racial gerrymander.”

The lawsuit asks the court to declare Proposition 50 unconstitutional and bar the state from using the disputed lines in 2026 and future elections.

A National Redistricting Battle Heats Up

California’s redistricting push followed an aggressive move by Texas Republicans—encouraged by former President Donald Trump—to redraw their map to capture additional House seats. Texas Gov. Greg Abbott signed that map into law in August.

But unlike cases where race-conscious redistricting remedies violations of the Voting Rights Act, the DOJ notes that no evidence suggests California’s prior map discriminated on racial grounds.

The Proposition 50 map, the DOJ argues, does.

Legal Precedent and Constitutional Limits

The complaint cites the U.S. Supreme Court’s 2018 ruling in Rucho v. Common Cause, which held that partisan gerrymandering claims fall outside federal court jurisdiction. But racial gerrymandering remains unconstitutional.

States “generally may not use race as a predominant criterion in achieving partisan goals,” the DOJ notes, citing Cooper v. Harris (2017).

The government points to an August press release from Senate leader Mike McGuire celebrating that Proposition 50 “retains and expands” districts designed to empower Latino voters—a statement federal officials say underscores the racial motive.

The suit claims violations of both the 14th Amendment’s equal protection clause and the Voting Rights Act.

DOJ Moves to Join Ongoing Republican Challenge

First Assistant U.S. Attorney Bill Essayli said the Justice Department moved “swiftly” to stop “illegal maps” from influencing upcoming elections. “California is free to draw congressional maps, but they may not be drawn based on race,” he said.

The DOJ also filed a motion to intervene in a related suit brought last week by Assemblymember David J. Tangipa, R-Fresno, and other California Republicans. Attorneys for Tangipa do not oppose DOJ’s involvement, while counsel for Newsom and Secretary of State Shirley Weber “take no position,” according to DOJ filings.

On Wednesday, the federal judge overseeing that earlier case permitted the Democratic Congressional Campaign Committee to intervene.