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In reply to the discussion: Trump administration sues to stop California from redistricting to give Democrats more House seats [View all]jgmiller
(661 posts)so they can't argue it violates the CA constitution which prevents mid-census redistricting. I mean they can try to argue it but it would fail because the citizens voted it in and in CA the citizens are allowed to ammend the constitution.
What they are arguing is that it is racially biased redistricting which means that they are trying to give SCOTUS a reason to rule in favor of Lousiana in their redistricting battle that was ordered to comply with the Voting Rights Act. In that case they are claiming the redemy itself violates the law against racial redistricting. The difference is that in Lousiana's case the remedy is actually intended to be racially biased and in CA's case it's not and instead intended to be politically biased. The thing is if you look at the new map it's going to be very hard to prove that, CA is approximately 39% Latino and many of the new districts that are tilted to Dems have a % of Latino population under 39% and the ones that are over were alredy Dem districts.
I seriously doubt a group as smart and Newsom's is going to do something as reckless and obvious as what Texas did. They thought this through and proving racial biased is going to be incredibly difficult.