LOS ANGELES, Calif. — The court battle over California’s controversial gerrymandering maps continued Tuesday, as defense experts pushed back on claims that the districts were drawn with race as the predominant factor.
The Department of Justice (DOJ), along with California Republicans, sued Democratic Gov. Gavin Newsom and others involved in crafting the state’s new congressional redistricting maps, voted on as Proposition 50. After the first full day of hearings before a three-judge panel focused on plaintiffs’ witnesses arguing the maps were drawn along racial lines, defense witnesses took over Tuesday to argue the districts were the product of political partisanship, not racial considerations.
Key witnesses for the defense included Dr. Bernard Grofman, who has extensive experience in redistricting work, and senior fellow at the Hoover Institution Dr. Jonathan Rodden.
During questioning from the defense, Grofman and Rodden focused on RealClearPolitics senior elections analyst Sean Trende’s review of the newly drawn Congressional District (CD) 13, which Trende accused of being drawn with race as a predominant factor.
Grofman argued that Trende’s assessment that CD-13 was carved to include Hispanic voters while leaving out some heavily Democratic areas was “nonsense.” Grofman testified that the only way to make CD-13 a strong Democratic seat would be to reach into the Stockton area while excluding some portions to ensure the neighboring district, Congressional District 9, also remained a Democratic stronghold.
Grofman summed his assessment down, stating that if map drawers were going to attempt to pick up Democrats in areas like CD13, they’re “going to pick up Hispanics” as well.
Like Grofman, Rodden pushed back on Trende’s conclusions regarding CD-13, stating he had been asked to assess whether he agreed with Trende’s determination that race predominated. Rodden said he did not reach the same conclusions, instead criticizing Trende’s analysis and use of maps.
Rodden added that areas of North Stockton identified by Trende as selectively included or excluded could have been drawn as they were due to city boundaries and historical census data.
During cross-examination, in which the DOJ joined multiple times, plaintiffs pressed both witnesses on any connection or communication with the maps’ author, Sacramento-based redistricting expert and political data consultant Paul Mitchell.
Both Rodden and Grofman testified that they had no knowledge of Mitchell and had never spoken with him, prompting plaintiffs to argue that the witnesses could not speak to Mitchell’s intent in drawing the maps.
While most defense witnesses were redistricting experts and analysts, attorneys also called Dr. Inés Ruiz-Huston, vice president of civic engagement for the nonprofit mental health clinic El Concilio California, to testify about the district.Ruiz-Huston, who works within CD-13, spoke about the district and its residents based on her years of experience in the community.
Ruiz-Huston described areas such as south Stockton, the August neighborhood and Garden Acres as having similar family incomes, stating many residents rely on federal food assistance, live in tract homes and fall on the lower end of the income scale. Trende questioned why these neighborhoods were included in CD-13 on Monday, while North Stockton and another heavily Democratic area, Weston Ranch, were excluded.
When asked about Weston Ranch and North Stockton, Ruiz-Huston described them as having more middle-income families, larger homes, sidewalks and, in some cases, gated communities. The non-profit vice president stated the split between the areas made sense based on the communities’ characteristics.
Notably, Ruiz-Huston confirmed to the court that she voted in favor of Prop 50, stating she supported the redistricting maps because it is “important to have representation in our community.”
During cross-examination, a Republican Party attorney asked Ruiz-Huston whether she remembered participating in a 2021 town hall call in which she provided public input on the San Joaquin area, which includes Stockton. The attorney said Ruiz-Huston argued at the time that she wanted the San Joaquin area to remain more unified. Under the 2021 maps, Stockton was split between only two congressional districts.
Ruiz-Huston said she remembered making the statement, noting it reflected how she felt “at the time.”
The attorney then asked whether she was aware that the new maps split the San Joaquin area among five congressional districts. Ruiz-Huston said she had studied the new maps but was not familiar enough to confirm the five-way split.
Final arguments are scheduled for Wednesday, with the judges expected to act quickly after the DOJ requested a temporary restraining order on the maps by Dec. 19.
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