The California Republican Party filed an emergency petition to the US Supreme Court on Tuesday asking for a temporary injunction against Proposition 50, a ballot initiative passed by California voters in November to redistrict the state’s congressional map outside of its typical process.

The appeal to Justice Elena Kagan, who oversees emergency petitions in the Ninth Circuit Court of Appeals, requests the temporary restoration of the state’s prior congressional map while the case is being adjudicated. It argues that the current status of the congressional map is significant because candidates must file their candidacies for the proper district by February 9. The petition asserts that Proposition 50 is an unconstitutional racial gerrymander under the Equal Protection Clause of the 14th Amendment, which states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” California Republicans claim that the state’s redistricting efforts are predominantly about increasing Latino voting power in the state, violating the prohibition against using race to redistrict. 

The petition’s evidence of racial intent includes statements from the mapmaker and legislators regarding the use of race. For example, it references a statement by the mapmaker, Paul Mitchell, that he drew the map to “ensure that Latino districts … are bolstered in order to make them more effective, particularly in the Central Valley.” Legislator statements include remarks that Proposition 50 would offset racial gerrymandering in other states. California Republicans further argued that Proposition 50 drew a district that strengthened Latino voting power in a way that resulted in less Democratic support than was possible, demonstrating the intent was racial rather than partisan.

The complaint was initially filed in the District Court for the Central District of California in November 2025. The map was upheld by a three judge panel which found that Proposition 50 was motivated by partisanship and not race, a permissible distinction under the 14th Amendment. The panel asserted that Proposition 50 was an attempt to offset a partisan advantage that Texas redistricting efforts created, which initiated a battle among states to redraw their congressional districts. The panel further ruled that because Proposition 50 was a ballot initiative, the intent of the voters rather than the mapmaker or legislators was the deciding factor. California Republicans reject this argument on appeal.

California Republican Party Chairwoman Corrin Rankin said “Californians deserve fair districts and clean elections, not a backroom redraw that picks winners and losers based on race.” In contrast, California Governor Gavin Newsom praised the three judge panel’s ruling, stating “Republican’s weak attempt to silence voters failed. Californians overwhelmingly voted in favor of Prop 50 – to respond to Trump’s rigging in Texas.”