Hans von Spakovsky on California's Prop 50 and the Redistricting Wars

California's Proposition 50 and Redistricting

• 🎯 Proposition 50 in California temporarily shifts power for drawing congressional districts from an independent commission back to the state legislature.
• 🏛️ This move is seen as a significant step in the ongoing "redistricting wars," with Democrats aiming to gain an advantage in future elections.
• 🗳️ Historically, California voters established an independent redistricting commission in 2008 to combat partisan gerrymandering by the legislature.
• 💰 Significant funding from liberal donors was reportedly used to influence voters to overturn previous decisions regarding redistricting.

The Politics of Gerrymandering and Court Involvement

• ⚖️ The Supreme Court, in cases like Rucho v. Common Cause, has deemed partisan gerrymandering a "political question" outside the purview of federal courts.
• 🧐 This leaves legislative redistricting largely to the political process, despite claims of "anti-democratic action" by those seeking to deny representation.
• 📊 Even with an "independent" commission, congressional districts in California were still perceived as gerrymandered, with Republicans receiving a disproportionate share of votes compared to seats.

Census Data and Representation Issues

• 📈 States redistrict after the census every 10 years, but frequent population shifts may necessitate more frequent redistricting for fairness.
• ⚠️ The 2020 Census faced significant errors, overcounting some states (often blue) and undercounting others (often red), potentially affecting congressional seat apportionment.
• 🇺🇸 Including non-citizens in the census total population distorts political representation, leading to discussions about states conducting their own censuses to count only citizens.

Judicial Activism and the Administrative State

• 🚀 The judiciary is increasingly involved in political questions, with concerns about "radical ideologues" appointed to federal courts.
• 🚫 Judges are sometimes seen as ignoring or twisting federal law, as exemplified by a case involving Temporary Protected Status (TPS) where a judge issued an injunction despite a statute limiting judicial review.
• 🏛️ The Supreme Court is addressing cases that could redefine the power of the president over independent federal agencies, potentially restoring more presidential oversight.
• 🧑‍⚖️ The rise of the "administrative state" and "independent" agencies, staffed by experts removed from political accountability, is viewed as a significant challenge to the constitutional order.

Cultural and Political Divides

• 📉 A growing divide exists between rural and urban/suburban Americans, impacting political dynamics and redistricting strategies.
• 💰 The influence of organizations like George Soros's is discussed in the context of funding progressive prosecutors and shaping political outcomes.
• ⚖️ Concerns are raised about the curriculum in top law schools, which are seen as training "social justice warriors" rather than practical lawyers, potentially undermining trust in the justice system.