The Justice Department announced today that it filed legal action against Governor Gavin Newsom and Secretary of State Shirley Weber for the State of California’s newly adopted redistricting plan enacted with the passage of Proposition 50 in last week’s election.
The suit alleges that the plan mandates racially gerrymandered congressional districts in violation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
The Supreme Court has repeatedly held that states may not use race as the predominant factor in drawing districts unless strict scrutiny is met, and California cannot meet it here.
The DOJ is a Plaintiff-Intervenor and joins the coalition of CA Republicans in their Nov 5, 2025, lawsuit. The election has been mired in controversy, as most CA counties had mail-in ballot envelopes with precisely located “see-through” holes allowing anyone to see how an enclosed ballot was voted.
“California Democrats are openly gerrymandering by race in this case. That’s immoral and illegal. CA’s redistricting scheme is a brazen power grab that tramples on civil rights and mocks the democratic process,” said AG Pamela Bondi. “Governor Newsom’s attempt to entrench one-party rule and silence millions of Californians will not stand. Newsom should be concerned about keeping Californians safe and shutting down Antifa violence, not rigging his state for political gain.
“Race cannot be used as a proxy to advance political interests, but that is precisely what the California General Assembly did with Prop 50,” said Jesus A. Osete, Principal Deputy Assistant AG for Civil Rights. “Californians were sold an illegal, racially gerrymandered map, but the U.S. Constitution prohibits its use in 2026 and beyond.”
“The race-based gerrymandered maps passed by the California legislature are unlawful and unconstitutional,” said Bill Essayli, First Assistant US Attorney of the Central District of CA. “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.”
The suit seeks to invalidate the new gerrymandered maps and restore the 2021 Citizens Commission-drawn maps for the 2026 elections.
Last summer, CA Democrats scrapped the nonpartisan Citizens Redistricting Commission’s map and replaced it with one drawn by a political consultant hired by the DCCC. Republicans say the Legislature had no evidence and no legal basis to sort millions of Californians by race. The new maps were drawn by a partisan political consultant and approved by the CA Democrat-controlled legislature.
Prop 50 was paid for by Democrat Super PACs, the DCCC, George Soros, and other far-left progressive groups and unions. Candidates must know their districts by Dec 19 to ensure timely relief and prevent chaos in the 2026 election.
The DOJ’s motion to intervene in Tangipa et al v Newsom is pending before the U.S. District Court for the Central District of California. AAG Harmeet K. Dhillon has been recused from this case. Principal Deputy Assistant AG Jesus A. Osete will represent the DOJ.
Also, SCOTUS could end Newsom’s Prop 50 by finding that redistricting by race is unconstitutional. SCOTUS will decide in Louisiana v. Callais whether the state’s intentional consideration of race to create these voting districts violates the Constitution’s Equal Protection Clause. SCOTUS could weaken or invalidate Sec 2 of the Voting Rights Act, the law’s key provision that broadly prohibits discrimination in voting practices based on race or creed.
Bill Bruch
Bill Bruch is the WA State GOP Election Integrity Committee Chairman (5th year), WAGOP Executive Board Member (5th Year), Skagit County GOP Chairman (9th year), Citizen Journalist, Olympic Conference 2021 Activist of the Year Award Winner, Business Owner, 2020 WA State House Representative Candidate, Former Council Member, and WA State 2016 and 2024 RNC National Convention Delegate.
