CALIFORNIA FOCUS
1720 OAK STREET, SANTA MONICA, CALIFORNIA 90405
FOR RELEASE: TUESDAY, DECEMBER 2, 2025 OR THEREAFTER
BY THOMAS D. ELIAS
“PROP. 50 LIKELY TO STAY INTACT AFTER TEXAS
GERRYMANDER TOSSED”
If anyone needed proof of how
swiftly political change can arrive, this fall is probably Example A.
Just observe the last month.
First, California Gov. Gavin Newsom was riding high after passage of
Proposition 50 and its changes in California congressional district lines made
him the most successful national Democrat in countering a key initiative by President
Trump.
Barely a week later, Newsom’s
former chief of staff was indicted on charges of political corruption and tax
fraud and many began to write him off as a presidential candidate because of
it.
Not even a week after that,
Newsom was back in the catbird seat after a federal appeals court in Texas
threw out that state’s gerrymandered congressional district plan – which
earlier provided the motive for the Newsom-sponsored Prop. 50.
The Texas decision nixing the
gerrymander there may be reversed by the U.S. Supreme Court, even though it was
written by a Trump-appointed judge. Meanwhile the California proposition
figures as more likely to survive its own court challenges, filed by the state
Republican Party and the U.S. Justice Department.
That’s because Texas
officials from Gov. Greg Abbott down were quite open about their effort to
concentrate Houston-area blacks into one district while giving five others to
white Republicans. By contrast, there was little or no mention of race by
either side in the Prop. 50 campaign, which was very explicitly motivated by
pure politics.
Newsom created Prop. 50 specifically to
counter the Texas gerrymander, which unlike California’s changes in district
lines, was not adopted by a vote of the people. No race issue ever arose in
that race until Republicans claimed after its resounding win that was what
motivated it.
Nothing says the U.S. Supreme
Court has to OK either the Texas court decision or Prop. 50, but if it tosses
both gerrymanders, Newsom would still achieve his political goal of offsetting
the Texas changes put in motion by a phone call from Trump to Abbott. If both
efforts are thrown out, Newsom’s goal of regaining the prior balance after the
Texas action would still have been reached.
Said one election law
professor the day of the Texas decision, “Most of the law around redistricting
is up to the state, not federal law, and we (in California) just changed state
law. There are not many grounds for a legal challenge against Prop. 50 to succeed.”
There remains the distinct
possibility that both Prop. 50 and the Texas court decision tossing that
state’s gerrymander will stand up in the Supreme Court. If that happens, Newsom
would have achieved far more than his goal of balancing the Texas gerrymander
with an exchange of five new California Democratic seats for five new Texas GOP
ones. In that case, Newsom would have given Democrats a net gain of five seats
in the House of Representatives.
If something like that
couldn’t put Newsom in an early lead in the 2028 Democratic presidential
sweepstakes, it’s hard to see what could. For a net gain of five seats would
likely give Democrats control of the House, where almost all new Trump
initiatives might die.
No wonder Newsom was gloating
after the Texas court decision came down. In a post on X, he said, “Donald
Trump and Greg Abbott played with fire, got burned, and democracy won.”
Translation: “I won big. Na, na, na, na. na.”
But even if Newsom proves
correct, and the high court says it’s OK to gerrymander at midterm for
political reasons, but not racial ones, he will still be a long way from
winning the next Democratic nomination.
For Newsom took a turn toward
the center in his bill signings this fall, favoring business in many of his
decisions.
His fall efforts were clearly
designed to stamp him as a moderate, but also an environmentalist with a tight
financial fist.
This could leave him open to
a challenge from the left by someone like New York Congresswoman Alexandria
Ocasio-Cortez, who has built a career around leading her party’s far-left wing.
That possibility gained
credence from the New York mayoral win of Democratic Socialist Zohran Mamdani
and the subsequent upset win by fellow Democratic Socialist Katie Wilson and a
slate of similarly-oriented candidates in Seattle.
The bottom line: Newsom
appears to be riding high today, but in a season of very speedy change, no one
can know how long that will last.
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