DOJ Files SCOTUS Brief Backing GOP Bid to Block Newsom’s Prop 50 ‘Power Grab’

In a significant escalation of the legal battle over California’s controversial Proposition 50, the U.S. Department of Justice today filed a brief (see below) with the Supreme Court supporting Republican plaintiffs’ emergency request to enjoin the use of the new congressional map, arguing it constitutes an unconstitutional racial gerrymander.  

The filing alleges the map—enacted after voters approved Prop 50 in November 2025—of prioritizing race in drawing District 13, violating the Fourteenth Amendment’s Equal Protection Clause and Section 2 of the Voting Rights Act.

The brief, submitted by Solicitor General D. John Sauer, contends that “race was the predominant factor motivating the legislature’s decision to place a significant number of voters within or without a particular district.”  

It cites direct evidence from mapmaker Paul Mitchell, who publicly stated the map would “bolster” Latino districts to hit specific racial targets, such as 52-54% Hispanic Citizen Voting Age Population (HCVAP) in the Central Valley. Mitchell, acting as a state agent, invoked legislative privilege and refused to testify, further fueling suspicions of racial intent.

“Constitutional violations do not become lawful simply because they are put to a popular vote,” the DOJ argues, rejecting the district court’s focus on voter intent over the mapmakers’ and legislators’ actions. The department requests the Supreme Court grant an injunction pending appeal, reinstating the 2021 map drawn by the independent Citizens Redistricting Commission for the 2026 midterms. 

The case, Tangipa et al. v. Newsom, stems from a lawsuit filed by the California Republican Party, Assemblyman David Tangipa, and other plaintiffs immediately after Prop 50’s passage.  A three-judge panel in the U.S. District Court for the Central District of California denied a preliminary injunction on January 14, 2026, in a 2-1 decision. Plaintiffs, represented by Harmeet Dhillon’s firm, appealed to the Supreme Court, warning of irreparable harm if the “racially gerrymandered” map is used. 

Attorney Mark Meuser, also involved in the case, stated, “The Constitution is clear: states may not sort voters into districts based on race. Yet the record in this case contains unusually direct evidence that race was used in drawing multiple districts.” 

🚨Today, we filed an Emergency Application with the U.S. Supreme Court challenging California’s new congressional map enacted through Proposition 50.

This filing asks the Court to temporarily block California from using the Proposition 50 map in the 2026 elections while the case… pic.twitter.com/t0I8IrZQLp

— Mark Meuser (@MarkMeuser) January 20, 2026

Prop 50, dubbed the “Election Rigging Response Act” by critics, amended the state constitution to replace the commission’s map with one designed to flip five Republican-held congressional seats to Democrats, ostensibly in retaliation for Texas’s gerrymander.  

Governor Gavin Newsom championed the measure as a defense against Trump-era policies, but opponents, including Reform California Chairman and Assemblyman Carl DeMaio, have decried it as a brazen power grab. 

DeMaio, a vocal Prop 50 opponent, had earlier lamented the district court loss on X: “Two Democrat-appointed federal judges just rejected the CA GOP lawsuit where we sought to block the RIGGED Prop 50 maps! But we’re not backing down.” He pledged to push forward with voter ID initiatives and grassroots campaigns.

BREAKING: Two Democrat-appointed federal judges just rejected the CA GOP lawsuit where we sought to block the RIGGED Prop 50 maps! But we’re not backing down. We’re fighting back with Voter ID and grassroots campaigns. READ: https://t.co/NLGjQXK3kz

— Carl DeMaio (@carldemaio) January 16, 2026

Public statements on the filing poured in via X on Thursday. 

Assistant Attorney General Harmeet Dhillon (@AAGDhillon) emphasized the stakes: “The stakes are very high for people who have casually relied on race for their elections to be won.”  

The California Republican Party (@CAGOP) celebrated the DOJ’s support: “The US Department of Justice filed a brief in support of our SCOTUS filing.Thank you @AGPamBondi @CivilRights. SCOTUS ordered Governor Newsom and the DCCC to respond to our emergency petition.”  

U.S. Attorney General Pam Bondi, in earlier statements when DOJ joined the suit, called Prop 50 “a brazen power grab that tramples on civil rights and mocks the democratic process.” 

The Supreme Court has ordered California officials to respond by January 29, signaling potential swift action. 

The governor has previously dismissed similar challenges as doomed to fail.

If SCOTUS grants the injunction, it could reshape California’s 2026 House races, potentially preserving GOP seats and dealing a another blow to Newsom’s national profile.