California GOP Sues to Block Dem Redistricting Plan

“The stark issue for this court to decide in this case is whether this constitutional right is merely the right to publication of a bill number rather than publication of the proposed legislation in that bill,” the petition says.

“This case does not challenge the use of gut and amend for all purposes, but is confined to the narrow case where the Legislature blatantly and intentionally uses it to circumvent a constitutional right of the people to adequate time to review proposed legislation — a right that is inherently meant to restrain the Legislature from ramming legislation into law without an opportunity for the public to review it,” the emergency petition says.

Chris Micheli, an adjunct professor at the University of the Pacific McGeorge School of Law, told the Washington Examiner that he wasn’t sure how strong an argument the Republicans have and predicted it would likely be denied.

“The timeline has never been applied to ‘gut and amends.’ They are saying the gut and amend restarts the 30-day clock, and that’s never the way it’s ever been interpreted or applied,” he said.

“By concocting this partisan redistricting scam, Gavin Newsom and Democrat politicians are openly violating the California Constitution and their oath of office,” DeMaio said. “Any vote … on this corrupt plan would be unlawful and unconstitutional — and I’m demanding the Legislature stand down.”

“If they try to ram this through, they’ll be dragged in before a judge in no time,” DeMaio said. “Voters created the Citizens’ Redistricting Commission to stop exactly this kind of political corruption. We will not let Newsom and his cronies shred the constitution and rig our elections.”

Rick Hasen, a professor of law and political science at the University of California, Los Angeles, told the San Francisco Chronicle that despite the list of legal challenges Republicans are threatening, they may not have a case.

He said the legislature can ask California voters to change the state Constitution and that if a constitutional amendment is approved by voters, “then there is no state law problem with amending the earlier constitutional amendment.”

Hasen added that Newsom’s proposal could be challenged on other legal grounds, such as the rule limiting California ballot measures to a single subject, but said it would ultimately be up to the voters to decide.