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.
