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•  State Bar News - Legal News


The national battle to control the U.S. House shifts to California on Tuesday as voters consider a Democratic proposal that could erase as many as five Republican districts and blunt President Donald Trump’s moves to safeguard his party’s lock on Washington power.

The outcome will reverberate into next year’s midterm elections and beyond, with Democrats hoping a victory will set the stage for the party to regain control of the House in 2026. A shift in the majority would imperil Trump’s agenda for the remainder of his term at a time of deep partisan divisions over immigration, health care and the future direction of the nation.

“God help us if we lose in California,” Democratic Gov. Gavin Newsom says.

Democrats need to gain just three seats in the 2026 elections to take control of the House.

Heavily Democratic California and its 52 congressional districts represent by far the Democrats’ best opportunity in an unprecedented state-by-state redistricting battle, which started when Texas Republicans heeded Trump’s demand that they redraw their boundaries to help the GOP retain its House majority. Democrats hold 43 of the state’s seats and hope to boost that to 48.

Trump is fighting not just the Democrats but history. Midterm elections typically punish the party in the White House, but four GOP-led states so far have adopted new district maps to pack more Republican voters into key districts.

Measure supported by Newsom, Obama

California’s Proposition 50 asks voters to suspend House maps drawn by an independent commission and replace them with rejiggered districts adopted by the Democratic-controlled Legislature. Those new districts would be in place for the 2026, 2028 and 2030 elections.

The recast districts aim to dilute Republican voters’ power, in one case by uniting rural, conservative-leaning parts of far northern California with Marin County, a famously liberal coastal stronghold across the Golden Gate Bridge from San Francisco.

The measure has been spearheaded by Newsom, who has thrown the weight of his political operation behind it in a major test of his mettle ahead of a potential 2028 presidential campaign. Former President Barack Obama has urged voters to pass it as well.

Newsom has sought to nationalize the campaign, depicting the proposal as a counterweight to all things Trump.

“Republicans want to steal enough seats in Congress to rig the next election and wield unchecked power for two more years,” Obama says in one ad. “You can stop Republicans in their tracks.”

Critics say two wrongs don’t make a right. They urge Californians to reject what they call a Democratic power grab, even if they have misgivings about Trump’s moves in Republican-led states.

Among the most prominent critics is Arnold Schwarzenegger, the movie star and former Republican governor who pushed for the creation of the independent commission, which voters approved in 2008 and 2010. It makes no sense to fight Trump by becoming him, Schwarzenegger said in September, arguing that the proposal would “take the power away from the people.”

“I don’t want Newsom to have control,” said Rebecca Fleshman, a 63-year-old retired medical assistant from Norco in Southern California, who voted against the measure. “I don’t want the state to be blue. I want it to be red.”

After an early burst of TV advertising, opponents of the plan have struggled to raise cash in a state with some of the nation’s most expensive media markets. Data compiled by advertising tracker AdImpact last week showed Democrats and other supporters with over $5 million in ad buys booked on broadcast TV, cable and radio. But opponents had virtually no time reserved, though the data didn’t include some popular streaming services like Hulu and YouTube or mail advertising.

Total spending on broadcast and cable ads topped $100 million, with more than two-thirds of it coming from supporters. Newsom told people to stop donating in the race’s final weeks.

Trump, who overwhelmingly lost California in his three presidential campaigns, largely stayed out of the fray. A week before the election, he urged voters in a social media post not to vote early or by mail — messaging that conflicts with that of top Republicans in the state who urged people to get their ballots in as soon as possible.

Democrats hope to pick up as many as five seats in California if voters approve the new boundaries, offsetting the five that Republicans hope to pick up through their new Texas maps. Republicans also expect to gain one seat each from new maps in Missouri and North Carolina, and potentially two more in Ohio.

Congressional district boundaries are typically redrawn every 10 years to reflect population shifts documented in the census. Mid-decade redistricting is unusual, absent a court order finding fault with the maps in place.

Five other GOP-led states are also considering new maps: Florida, Indiana, Kansas, Louisiana and Nebraska. On the Democratic side, Colorado, Illinois, Maryland, New York and Virginia have proposals to redraw maps, but major hurdles remain.

A court has ordered new boundaries be drawn in Utah, where all four House districts are represented by Republicans, but it remains to be seen if the state will approve a map that makes any of them winnable for Democrats.



A bipartisan group of U.S. lawmakers pushed for more military-to-military dialogue in a meeting Sunday with China’s Premier Li Qiang, a rare congressional visit since the U.S.-China relations soured.

The last trip by a group of senators was in 2023, and Sunday’s delegation was the first from the House of Representatives to visit Beijing since 2019.

Li welcomed the delegates led by Rep. Adam Smith and called it an “icebreaking trip that will further the ties between the two countries.”

“It is important for our two countries to have more exchanges and cooperation, this is not only good for our two countries but also of great significance to the world,” Li said.

Smith, a Democrat on the House Armed Services Committee, said both sides were in agreement on the overarching aim of the visit.

“Certainly, trade and economy is on the top of the list ... (but also) we’re very focused on our military-to-military conversations,” he said in opening remarks. “As a member of the Armed Services Committee, I’m deeply concerned that our two militaries don’t communicate more.”

The delegation also included Michael Baumgartner, a Republican member of the House Foreign Affairs Committee, as well as Ro Khanna and Chrissy Houlahan, both Democrats on the House Armed Services Committee. The lawmakers are in China until Thursday.

U.S.-China relations have taken a downturn since President Donald Trump’s first term and have been hobbled by trade tensions, the status of the self-ruled island of Taiwan, which China claims as its own territory, Beijing’s support for Russia and China’s vast claims in the disputed South China Sea.

“China and the U.S. are the two most powerful and influential countries in the world, it’s really important that we get along, and we find a way to peacefully coexist in the world,” Smith said. “I really welcome your remarks about wanting to build and strengthen that relationship.”

Trump said he would meet Chinese leader Xi Jinping at a regional summit taking place at the end of October in South Korea and will visit China in the “early part of next year,” following a lengthy phone call between the two on Friday.



The Trump administration on Thursday asked the Supreme Court for an emergency order to remove Lisa Cook from the Federal Reserve’s board of governors.

The Republican administration turned to the high court after an appeals court refused to go along with ousting Cook, part of President Donald Trump’s effort to reshape the Fed’s seven-member governing board and strike a blow at its independence.

The White House campaign to unseat Cook marks an unprecedented bid to reshape the Fed board, which was designed to be largely independent from day-to-day politics. No president has fired a sitting Fed governor in the agency’s 112-year history.

Cook, who was appointed to the Fed’s board by President Joe Biden, a Democrat, has said she won’t leave her post and won’t be “bullied” by Trump. One of her lawyers, Abbe Lowell, has said she “will continue to carry out her sworn duties as a Senate-confirmed Board Governor.”

Separately, Senate Republicans on Monday confirmed Stephen Miran, Trump’s nominee to an open spot on the Fed’s board. Both Cook and Miran took part in Wednesday’s vote in which the Fed cut its key interest rate by a quarter-point.

The next opportunity for Cook to cast a vote will be at the meeting of the Fed’s interest rate setting committee, scheduled for Oct. 28-29.

Trump sought to fire Cook on Aug. 25, but a federal judge ruled last week that the removal probably was illegal and reinstated her to the Fed’s board. Trump has accused Cook of mortgage fraud because she appeared to claim two properties, in Michigan and Georgia, as “primary residences” in June and July 2021, before she joined the board. Such claims can lead to a lower mortgage rate and smaller down payment than if one of them was declared as a rental property or second home.

“Put simply, the President may reasonably determine that interest rates paid by the American people should not be set by a Governor who appears to have lied about facts material to the interest rates she secured for herself ? and refuses to explain the apparent misrepresentations,” Solicitor General D. John Sauer wrote in his Supreme Court filing.

But Cook has denied any wrongdoing and has not been charged with a crime. According to documents obtained by The Associated Press, Cook did specify that her Atlanta condo would be a “vacation home,” according to a loan estimate she obtained in May 2021. And in a form seeking a security clearance, she described it as a “2nd home.” Both documents appear to undercut the Trump administration’s claims of fraud.

U.S. District Judge Jia Cobb ruled that the administration had not satisfied a legal requirement that Fed governors can only be fired “for cause,” which she said was limited to misconduct while in office. Cook did not join the Fed’s board until 2022.

Cobb also held that Trump’s firing would have deprived Cook of her due process, or legal right, to contest the firing.

By a 2-1 vote, a panel of the federal appeals court in Washington rejected the administration’s request to let Cook’s firing proceed.

Trump’s lawyers have argued that even if the conduct occurred before her time as governor, her alleged action “indisputably calls into question Cook’s trustworthiness and whether she can be a responsible steward of the interest rates and economy.”

Trump has previously won orders from the court’s conservative majority to fire the presidentially appointed leaders of other independent federal agencies, including the National Labor Relations Board and the Federal Trade Commission, even as legal fights continue.

Those firings have been at will, with no cause given. The Supreme Court has distinguished the Federal Reserve from those other agencies, strongly suggesting that Trump can’t act against Fed governors without cause.

In its new filing to the Supreme Court, the administration is asking Chief Justice John Roberts for a temporary order that would effectively remove Cook from the board and a more lasting order from the whole court that would be in place while her legal case continues.

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