Skip to content
Search

Latest Stories

Top Stories

California Considers a Reversal of Its Independent Redistricting Model

Map of California.

California Democrats are weighing a plan to redraw the state’s congressional map. The move would undo the voter-approved system created to take politics out of redistricting.

Getty Images, KeithBinns

California Democrats are weighing a plan to redraw the state’s congressional map. The move would undo the voter-approved system created to take politics out of redistricting. Governor Gavin Newsom has said he may call a special election this fall to ask voters for approval of a Legislature-drawn map if Texas moves forward with a midcycle redistricting plan expected to give Republicans more seats.

The proposal could flip up to five Republican-held districts and strengthen several competitive ones. Reports point to Orange County, San Diego County, and the Central Valley as primary targets. Republican representatives who could be affected include Ken Calvert, Darrell Issa, Kevin Kiley, David Valadao, and Doug LaMalfa. Any change would require a two-thirds vote in both chambers of the Legislature, followed by approval from voters.


The proposal would mark a major departure from the system approved through Propositions 11 and 20 in 2008 and 2010. These measures created an independent citizens commission that removed redistricting power from lawmakers. The commission has been widely praised for its transparency. After the most recent redistricting cycle in 2021, no lawsuits were filed over the maps.

The opposition is already mobilizing. Former Governor Arnold Schwarzenegger, who championed the commission, has said he will actively campaign against the proposal. Civic groups such as Common Cause and the League of Women Voters warn that reopening the maps midway through the decade could damage public trust and set a precedent that invites future political manipulation.

The legal landscape complicates the picture. In 2019, the Supreme Court ruled in Rucho v. Common Cause that federal courts cannot decide cases involving partisan gerrymandering. That leaves most redistricting challenges to state courts or to lawsuits under the Voting Rights Act that focus on racial discrimination in map design.

According to constitutional lawyer Nathaniel Maranwe, states have broad discretion when it comes to redistricting. “California can, legally speaking, redraw its congressional map for partisan reasons if it wants to,” he told The Fulcrum. “The Constitution gives states the power to set the times, places, and manner of elections. That includes partisan gerrymandering. The Supreme Court has made it clear that it’s not for the courts to decide whether it goes too far.” Still, he added, “Most people would agree—or at least say they agree—that voters should choose their politicians, not the other way around.”

Christopher Migliaccio, a lawyer and founder of Warren & Migliaccio, LLP, said the implications go well beyond California. “If the state overrides its voter-approved independent redistricting commission to redraw congressional maps, it would set a major precedent that a state can retract prior nonpartisan reforms in response to external partisan gerrymanders,” he said in an interview with The Fulcrum. “California’s system has been held up as a national model for transparency; to date, no lawsuits challenged its maps, a testament to its legitimacy. Dismantling it may alienate independents and weaken future bipartisan mapping efforts.”

Migliaccio also noted that California’s options for challenging maps in other states are limited. Since Rucho closed the door to federal courts on partisan gerrymandering claims, the most viable strategies rely on state constitutions or Voting Rights Act cases that focus on racial vote dilution rather than party advantage.

Republican Rep. Kevin Kiley said he plans to introduce legislation that would ban midcycle redistricting nationwide. His bill would invalidate maps drawn outside the regular census cycle, including proposals in Texas and California. He called Newsom’s effort a power grab that undermines the will of the voters. California Republican Party Chair Corrin Rankin echoed that concern, saying that any attempt to bypass the redistricting commission erodes public confidence and undermines reforms that were put in place for a reason.

The measure’s future depends on whether Democratic leaders can secure enough support in the Legislature to place a constitutional amendment on the ballot and whether Newsom follows through with a special election. Supporters argue that California should not allow other states to tilt the playing field unchallenged. Opponents warn the move could open the floodgates for both parties to dismantle independent processes whenever it suits them.

Several congressional districts are being watched closely. In Orange County, Democrats are eyeing changes to Young Kim’s CA 40 and looking to shore up districts held by Derek Tran in CA 45, Dave Min in CA 47, and Mike Levin in CA 49. In San Diego County, Issa’s CA 48 may be redrawn to include more Democratic voters, and Levin’s seat may also be adjusted.

Inland, Calvert’s CA 41 has grown more competitive in recent cycles. In the Central Valley, Democrats are targeting Valadao’s CA 22 and hoping to protect Adam Gray in CA 13. In northern California, Democrats may try to shrink margins in Kiley’s CA 3 and LaMalfa’s CA 1, though population density makes big changes difficult.

If California moves ahead, it would be the first large Democratic-led state to overturn a redistricting commission in response to partisan gerrymandering in other states. The outcome could reshape how redistricting reform is viewed nationwide and signal that no structure is safe from political pressure.


Alex Segura is a bilingual, multiple-platform journalist based in Southern California.

Read More

A globe resting on the very edge of a risen plank.

Foreign policy experts discuss the Israel-Gaza crisis, Iran tensions, Russia-Ukraine conflict, China’s strategy, and the shifting global order.

Getty Images, Daniel Grizelj

What in the World Is Going On?

In this moment, when global politics feel overwhelmed by unprecedented change and intense international upheaval, the Network for Responsible Public Policy convened foreign policy experts to discuss tariffs, conflicts between Israel and Gaza, Israel and Iran, the U.S. and Iran, Russia and Ukraine, North Korea’s role in all of this, and more. As program moderator and Axel Springer Fellow at the American Academy in Berlin, Gideon Rose put it at the outset, “Everybody's really interested in trying to figure out what is happening, what will happen next, what the consequences will be. The first point to make is that nobody knows anything. We are in uncharted territory in various areas.” Rose was joined by distinguished scholars, F. Gregory Gause III, Minxin Pei, Kathryn Stoner, and Shibley Telhami.

On Iran: Greg Gause discussed the situation in Iran and mentioned that, happily, the worst-case scenario based on the U.S. attack on the Iranian nuclear facilities did not happen, which is good for everyone. That worst-case scenario would have been an Iranian attack on Gulf oil facilities to bring in other actors to counter the U.S. and Israeli attacks. His concern with the current situation is that, with the U.S. President insisting that the nuclear facilities were obliterated, U.S. intelligence assessments must now be questioned, as they will necessarily be skewed to conform to the President’s preferred reality. Since it seems unlikely that the facilities were, in fact, destroyed, Gause believes that Iran now has an enormous incentive to race to develop a nuclear weapon. In what would become a main theme of this conversation (long-term stability even in the face of intense short-term upheaval), Gause mentioned that he does not believe that the current situation in Iran will result in a change to the Iranian regime.

Keep ReadingShow less
Political Assassinations Are Part of the “Constitutional Rot” That Afflicts America
Gen Z and the Dangerous Allure of Political Violence
Gen Z and the Dangerous Allure of Political Violence

Political Assassinations Are Part of the “Constitutional Rot” That Afflicts America

Americans are learning that democracy is a fragile thing. If it is taken for granted, it can wither almost imperceptibly.

Signs of that withering are everywhere. I won’t rehearse them here.

Keep ReadingShow less
The Constitution and the American flag
"We don't need to tear down the Constitution. We need to breathe new life into it, reclaiming it as a living promise rather than allowing it to become a weapon in partisan warfare," writes Dr. Paul Zeitz.
alancrosthwaite/iStock/Getty Images

The Hidden Hinge of History: A Refreshing Look at the Constitution on Its Day

Constitution Day is September 17. In his Constitution Day Conversation with Fulcrum Contributor Rick LaRue, leading constitutional scholar and advisor Richard Albert places the document in a refreshing as well as reflective light. He teaches at the University of Texas at Austin, is a prolific author, and actively serves the field’s participants around the world, from students to governments. The interview has been edited for length and clarity.

Rick LaRue: Before tackling some contemporary challenges, a background question: In the main, constitutions shape governance and protect rights. The U.S. Constitution originally focused on the former and has mostly advanced the latter through amendments. How does this compare internationally?

Keep ReadingShow less