On September 2, 2025, we at the California Underground Podcast were joined by special guest former Congressman Mike Garcia (CA-27), to discuss California Proposition 50, a special state wide ballot initiative for November 2025.
While many have been led to believe that Texas is redistricting due to a political stunt by President Donald Trump, that is in fact not the story, and the details go back a few years, to a lawsuit filed by the DOJ under the Biden Administration.
Outlined below are a few key details regarding Texas redistricting, and please listen to California Underground Episode 332 for a deep dive into this move that is making waves across the U.S. especially in California.
In December 2021, the U.S. Department of Justice (DOJ), under the Biden administration, filed a lawsuit against the state of Texas and its Secretary of State, alleging that the Republican-led 2021 redistricting plans for congressional and state House districts violated Section 2 of the Voting Rights Act by intentionally discriminating against Latino and Black voters and diluting their electoral power. This action came shortly after Texas lawmakers approved new maps based on the 2020 census, which showed the state's population had grown by nearly 4 million people. United States v. Texas (No. 3:21-cv-299 in the U.S. District Court for the Western District of Texas, El Paso Division), was quickly consolidated with several other challenges brought by private groups like the League of United Latin American Citizens (LULAC), the NAACP, and Voto Latino, which raised similar Voting Rights Act and constitutional claims.
In May 2022, a federal district court dismissed most of the DOJ's Section 2 claims for failure to state a claim, allowing only one to proceed regarding a potential new "opportunity" state House district near El Paso
The litigation dragged on amid appeals and related cases, but the 2021 maps were used in the 2022 and 2024 elections.
Following the DOJ's dismissal of the lawsuit in March 2025 under the Trump administration, California Governor Newsom has framed the situation as part of a broader Republican effort to "rig" elections and undermine democracy. He has positioned California's actions as a necessary countermeasure, often using fiery rhetoric like "fighting fire with fire" to describe his strategy. In July 2025, Governor Newsom announced that if Texas proceeded with redrawing its maps to create more Republican leaning seats, California would respond by overriding its independent Citizens Redistricting Commission and allowing the Democratic controlled state legislature to redraw congressional districts for Democratic gains. This was presented as a direct retaliation to maintain balance in the U.S. House ahead of the 2026 midterms.
On August 14, 2025, Newsom called for a special election on November 4, 2025, to put a ballot measure before voters that would amend the California Constitution to authorize this partisan redistricting. He described it as a "statewide response to Trump rigging Texas elections," tying it explicitly to federal interference and Texas's moves. Newsoms approach has escalated into a cross state gerrymandering war, with Texas Republicans advancing their maps first, putting California Republicans on the defensive. Newsom has also coordinated with other Democratic governors, like Illinois' JB Pritzker, suggesting a multi-state response.
The state of Texas is responding to a DOJ lawsuit, while Newsom is seemingly setting up a Democrat led House for 2028, when he becomes the likely next president of the U. S.
For a more in depth look at this, please check out our podcast Real World Consequences of Redistricting with Mike Garcia