The Supreme Court is allowing California to use its new congressional map for this year's midterm election, clearing the way for the state's gerrymandered districts as Democrats and Republicans continue their fight for control of the U.S. House of Representatives.
The state's voters approved the redistricting plan last year as a Democratic counterresponse to Texas' new GOP-friendly map, which President Trump pushed for to help Republicans hold on to their narrow majority in the House.
And in an unsigned order released Wednesday, the high court's majority denied an emergency request by the California's Republican Party to block the redistricting plan. The state's GOP argued that the map violated the U.S. Constitution because its creation was mainly driven by race, not partisan politics. A lower federal court rejected that claim.
There is nothing in the constitution directly disallowing extreme racial gerrymanders. Those are unlawful not because they’re unconditional, but because they’re prohibited by the voting rights act.
Which is backed by the US constitution and in particular the 14th amendment. The "Equal Protection Clause" of the 14th amendment in particular is frequently cited in challenges to racial gerrymandering.