It was as inevitable as it is stupid: The Department of Justice is putting its thumb on the scale in the redistricting wars, suing California over its redrawn congressional map. Silly California! Only red states can redistrict mid-decade for partisan gain. It’s right there in the Constitution. Or not.
The DOJ has joined a lawsuit brought earlier this month by California Republicans who were sad over Proposition 50, the ballot measure that voters handily approved earlier this month and that allows California to redraw its House map.
As a bonus, California Republicans had even hired the Dhillon Law Group to handle their suit! Yes, as in the firm founded by Harmeet Dhillon, who now heads the Civil Rights Division at the DOJ—a gig she got because of her zeal to suppress votes.
Well, not white votes. Or Republican votes.
The DOJ’s motion to intervene makes sure to note that Dhillon is recused. Even this DOJ knows a court might take issue with that. But forgive us if we don’t take too seriously the notion that Dhillon would be entirely walled off from this suit. This is not a DOJ known for its ethical behavior. Rather, it’s a retribution machine run by people who will give President Donald Trump anything he wants.
California Gov. Gavin Newsom speaks during a campaign event for Proposition 50 on Nov. 1 in Los Angeles.
The allegations in the California GOP’s complaint—and the reason for the zeal with which the DOJ hopped in—boil down to this: When California mapmakers discussed drawing districts, they discussed complying with the Voting Rights Act and creating Latino-majority districts. Therefore, it violates the 14th and 15th amendments as a racial gerrymander.
Would it surprise you to know that any allegations about this are vague at best? As Matt Barreto, a Democratic pollster who teaches political science at the University of California, Los Angeles, put it, “This Republican lawsuit is saying just because you said the word ‘Latino’ or the word ‘Asian,’ your map should be thrown out.”
Unfortunately, we’re all aware that for both the DOJ and the Supreme Court’s conservative majority, even the sketchiest invocation of race may be enough.
Of course, Texas’s mid-decade redistricting is fine in all this since it redrew its maps to ensure a political outcome.
This is where we are now, as far as voting rights—and you can thank Supreme Court Chief Justice John Roberts, who has dreamed of destroying the Voting Rights Act since he was in short pants.
In Republicans’ view, if a state follows the core principles of the VRA to ensure that districts are not drawn in a way that diminishes the power of non-white voters, that’s bad. But using redistricting to ensure one-party rule? Good.
See, last term, in Alexander v. South Carolina NAACP, the court’s conservatives gave red states a roadmap on how to ensure Republican control—and white control, really. Here’s how the Brennan Center for Justice explained this disaster:
Last week’s decision in Alexander, with its broad safe harbor for partisan gerrymandering, effectively settles that problem at the expense of voters of color. Gerrymanderers only have to proclaim an unfair map partisan (yay!), not racial (boo!). If a gerrymander benefits white (Republican) voters, that’s illegal … but if the same map can be said to merely benefit (white) Republicans, then federal courts cannot touch it.
Funnily, though, Attorney General Pam Bondi doesn’t seem to have gotten the memo that she needs to accuse California of reverse racism or whatever. Instead, on Thursday, she just yelled at Democrats.
“California’s redistricting scheme is a brazen power grab that tramples on civil rights and mocks the democratic process,” she told the Associated Press. “Gov. Newsom’s attempt to entrench one-party rule and silence millions of Californians will not stand.”
Pam, Pam, Pam—Newsom can totally attempt to entrench one-party rule, just like Texas did. Partisan gerrymanders can’t be reviewed by the court, so you have to keep yelling about Latino voters. Do try to keep up, won’t you?
The DOJ and California’s Republicans may have another problem here, which is that Newsom himself was very clear that California was redrawing its maps to advantage Democrats in order to counter Texas redrawing its maps to advantage Republicans.
However, this case will inevitably reach the Supreme Court, which has proven very adept at getting the results conservatives want. So, brace yourself for the possibility that the court will figure out some way to say California’s map has to be thrown out but Texas’ map gets to stay.
It’s all so transparently corrupt, but it’s the only way the GOP can win.
