Californias

SACRAMENTO — Gov. Gavin Newsom on Thursday unveiled a sweeping proposal to overhaul how California’s education system is governed, calling for structural changes that he said would shift oversight of the Department of Education and redefine the role of the state’s elected schools chief.

The proposal, which is part of Newsom’s state budget plan that will be released Friday, would unify the policymaking State Board of Education with the department, which is responsible for carrying out those policies. The governor said the change would better align education efforts from early childhood through college.

“California can no longer postpone reforms that have been recommended regularly for a century,” Newsom said in a statement. “These critical reforms will bring greater accountability, clarity, and coherence to how we serve our students and schools.”

Few details were provided about how the role of the state superintendent of public instruction would change, beyond a greater focus on fostering coordination and aligning education policy.

The changes would require approval from state lawmakers, who will be in the state Capitol on Thursday for Newsom’s last State of the State speech in his final year as governor.

The proposal would implement recommendations from a 2002 report by the state Legislature, titled “California’s Master Plan for Education,” which described the state’s K-12 governance as fragmented and “with overlapping roles that sometimes operate in conflict with one another, to the detriment of the educational services offered to students.” Newsom’s office said similar concerns have been raised repeatedly since 1920 and were echoed again in a December 2025 report by research center Policy Analysis for California Education.

“The sobering reality of California’s education system is that too few schools can now provide the conditions in which the State can fairly ask students to learn to the highest standards, let alone prepare themselves to meet their future learning needs,” the Legislature’s 2002 report stated. Those most harmed are often low-income students and students of color, the report added.

“California’s education governance system is complex and too often creates challenges for school leaders,” Edgar Zazueta, executive director of the Assn. of California School Administrators, said in a statement provided by Newsom’s office. “As responsibilities and demands on schools continue to increase, educators need governance systems that are designed to better support positive student outcomes.”

The current budget allocated $137.6 billion for education from transitional kindergarten through the 12th grade — the highest per-pupil funding level in state history — and Newsom’s office said his proposal is intended to ensure those investments translate into more consistent support and improved outcomes statewide.

“For decades the fragmented and inefficient structure overseeing our public education system has hindered our students’ ability to succeed and thrive,” Ted Lempert, president of advocacy group Children Now, said in a statement provided by the governor’s office. “Major reform is essential, and we’re thrilled that the Governor is tackling this issue to improve our kids’ education.”

Reporting from Sacramento — Sworn in Tuesday as California’s attorney general, Xavier Becerra said he will team up with his counterparts in other states to form a united front to defend state policies against any challenge from the administration of President Trump.

The Los Angeles Democrat, who resigned Tuesday from Congress to become California’s top lawyer, was appointed by Gov. Jerry Brown to counter Trump proposals that are expected to include mass deportations, a roll-back of environmental laws and the dismantling of the national healthcare system that Californians have come to rely on.

“I don’t think California is looking to pick a fight, but we are ready for one,” Becerra told reporters Tuesday at his first news conference as attorney general.

One of Becerra’s first actions will be to arrange meetings with like-minded attorneys general in other states to “start charting a path together as a team on how we deal with representing our people.”

Becerra is supported by Democratic lawmakers as “the tip of the spear” for California in a coming legal battle with the federal government. Some observers see the state becoming the leading antagonist of the Trump administration in much the same way Republican elected officials in Texas were a leading counterforce to the administration of former President Obama.

At the same time, Becerra has been counseled by former top officials of the state attorney general’s office to avoid suing the federal government “early and often” because it could result in legal precedents that they say might hurt California for decades.

“Becerra will need to box, not brawl,” former state attorney general’s office advisors Michael Troncoso and Debbie Mesloh wrote in a recent op-ed piece published by The Times.

Becerra, 58, is the state’s first Latino attorney general and supports California policies that provide immigrants in the country illegally with driver’s licenses, college financial aid and legal services to appeal deportations.

He weighed in quickly Tuesday with concerns about a Trump administration proposal to deport criminals in the country illegally who could pose a threat to the community. While committed to removing dangerous people from California streets, Becerra worried that any eventual deportation orders may be too broad, unfairly catching in the net those with minor offenses who are otherwise productive members of society.

“Is someone who has a broken tail light a criminal?” he asked. “I hope that’s not the definition that the administration in Washington, D.C., will use.”

Becerra was given the oath of office at the Capitol by Brown, who said that he “will be a champion for all Californians.” The ceremony was held before Brown delivered his annual State of the State address, and a day after Becerra received final confirmation by the state Senate.

Becerra was accompanied at the ceremony by his wife, physician Carolina Reyes, two of his three daughters, and his parents, both immigrants from Mexico.

Brown noted his appointee’s background during his speech.

“Like so many others, he is the son of immigrants who saw California as a place where, through grit and determination, they could realize their dreams,” Brown said.

Arturo Vargas, executive director of the National Assn. of Latino Elected and Appointed Officials, congratulated Becerra for making history as the first Latino in the post, and predicted he “will set the gold standard for defending the values of the Golden State and fighting for the rights of Latinos and all Californians.”

Asked what it means to have a Latino become attorney general, Becerra said “It’s about time.”

Updates from Sacramento »

Brown appointed Becerra to fill a vacancy created when former state Atty. Gen. Kamala Harris won election to a seat in the U.S. Senate.

Becerra, who did not attend the Trump inauguration, said he would take direction from Brown’s speech Tuesday.

“You heard the governor,” Becerra said later to reporters. “He laid out a game plan that’s forward leaning. It’s clear that we’re going to move forward and we’re not stopping.”

The new attorney general said he planned to meet with staff at the state Department of Justice on Tuesday. He said he also looks forward to working together with former U.S. Atty. Gen. Eric Holder, whose law firm was hired by the California Legislature to provide advice in dealing with potential threats from the federal government over conflicting policies.

“The more we prove that we are ready to take on any battle, the better off we will be,” Becerra said.

Becerra met with some county sheriffs on Monday, but plans to meet with more of them next week to talk about law enforcement issues facing the state. His first meetings with residents, civic leaders and others in coming weeks will be in the state’s Central Valley, he said.

“Some people think that California revolves around Los Angeles, San Francisco, sometimes Sacramento. There are a whole bunch of phenomenal Californians who often feel neglected,” Becerra said of people who live in the central part of the state.

The initial focus on local law enforcement in the Central Valley was welcomed by Kern County Sheriff Donny Youngblood, president of the California State Sheriffs’ Assn.

“He wants to start with law enforcement in the San Joaquin Valley, and I think that’s a really positive step,” Youngblood said. “I’m impressed with his credentials. I’m impressed with his background, and I think he’s going to be a good attorney general.”

Becerra will fill out the last two years of Harris’ term before the next election. He said he plans to run to keep the post in the 2018 election.

“I will officially open an account and do everything it takes to be a candidate for this office,” he said. “I hope that I can prove to the people of this state that I will be able to earn their support to be reelected.”

After 12 terms in Congress, Becerra’s appointment represents a homecoming, he told reporters.

“It’s nice to be here in Sacramento, where I grew up,” he said. “It’s nice to be in California. It’s nice not to have to do red-eye flights. It’s great to be home.”

patrick.mcgreevy@latimes.com

Twitter: @mcgreevy99

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Updates from Sacramento

California milk cartons may lose their coveted recycling symbol, the one with the chasing arrows, potentially threatening the existence of the ubiquitous beverage containers.

In a letter Dec. 15, Waste Management, one of the nation’s largest waste companies, told the state the company would no longer sort cartons out of the waste stream for recycling at its Sacramento facility. Instead, it will send the milk- and food-encrusted packaging to the landfill.

Marcus Nettz, Waste Management’s director of recycling for Northern California and Nevada, cited concerns from buyers and overseas regulators that cartons — even in small amounts — could contaminate valuable material, such as paper, leading them to reject the imports.

The company decision means the number of Californians with access to beverage carton recycling falls below the threshold in the state’s “Truth in Recycling” law, or Senate Bill 343.

And according to the law, that means the label has to come off.

The recycling label is critical for product and packaging companies to keep selling cartons in California as the state’s single-use packaging law goes fully into effect. That law, Senate Bill 54, calls for all single-use packaging to be recyclable or compostable by 2032. If it isn’t, it can’t be sold or distributed in the state.

The labels also provide a feel-good marketing symbol suggesting to consumers the cartons won’t end up in a landfill when they’re discarded, or find their way into the ocean where plastic debris is a large and growing problem.

On Tuesday, the state agency in charge of waste, CalRecycle, acknowledged Waste Management’s change.

In updated guidelines for the Truth in Recycling law, recycling rates for carton material have fallen below the state threshold.

It’s a setback for carton manufacturers and their customers, including soup- and juice-makers. Their trade group, the National Carton Council, has been lobbying the state, providing evidence that Waste Management’s Sacramento Recycling and Transfer Station successfully combines cartons with mixed paper and ships it to Malaysia and other Asian countries including Vietnam, proving that there is a market. The Carton Council persuaded CalRecycle to reverse a decision it made earlier this year that beverage cartons did not meet the recycling requirements of the Truth in Recycling law.

Brendon Holland, a spokesman for the trade group, said in an email that his organization is aware of Waste Management’s decision, but its understanding is that the company will now sort the cartons into their own dedicated waste stream “once a local end market is available.”

He added that even with “this temporary local adjustment,” food and beverage cartons are collected and sorted in most of California, and said this is just a “temporary end market adjustment — not a long-term shift away from historical momentum.”

In 2022, Malaysia and Vietnam banned imports of mixed paper bales — which include colored paper, newspapers, magazines and other paper products — from the U.S. because they were so often contaminated with non-paper products and plastic, such as beverage cartons. Waste Management told The Times on Dec. 5 that it has a “Certificate of Approval” by Malaysia’s customs agency to export “sorted paper material.” CalRecycle said it has no regulatory authority on “what materials may or may not be exported.”

Adding the Sacramento facility to the list of waste companies that were recycling cartons meant that the threshold required by the state had been met: More than 60% of the state’s counties had access to carton recycling.

At the time, CalRecycle’s decision to give the recycling stamp to beverage cartons was controversial. Many in the environmental, anti-plastic and no-waste sectors saw it as a sign that CalRecycle was doing the bidding of the plastic and packaging industry, as opposed to trying to rid the state of non-recyclable, polluting waste — which is not only required by law, but is something state Atty. Gen. Rob Bonta is investigating.

Others said it was a sign that the Truth in Recycling law was working: Markets were being discovered and in some cases, created, to provide recycling.

“Recyclability isn’t static, it depends on a complicated system of sorting, transportation, processing, and, ultimately, manufacturers buying the recycled material to make a new product,” said Nick Lapis, director of advocacy for Californians Against Waste.

He said this new information, which will likely remove the recycling label from the cartons, also underscores the effectiveness of the law.

“By prohibiting recyclability claims on products that don’t get recycled, SB 343 doesn’t just protect consumers. It forces manufacturers to either use recyclable materials or come to the table to work with recyclers, local governments and policymakers to develop widespread sustainable and resilient markets,” he said.

Beverage and food cartons — despite their papery appearance — are composed of layers of paper, plastic and sometimes aluminum. The sandwiched blend extends product shelf life, making it attractive to food and beverage companies.

But the companies and municipalities that receive cartons as waste say the packaging is problematic. They say recycling markets for the material are few and far between.

California, with its roughly 40 million residents, has some of the strictest waste laws in the nation. In 1989, the state passed legislation requiring cities, towns and municipalities to divert at least 50% of their residential waste away from landfills. The idea was to incentivize recycling and reuse. However an increasing number of products have since entered the commercial market and waste stream — such as single use plastics, polystyrene and beverage cartons — that have limited (if any) recycling potential, can’t be reused, and are growing in number every year.

Fines for municipalities that fail to achieve the required diversion rates can run $10,000 a day.

As a result, garbage haulers often look for creative ways to deal with the waste, including shipping trash products overseas or across the border. For years, China was the primary destination for California’s plastic, contaminated paper and other waste. But in 2018, China closed its doors to foreign garbage, so U.S. exporters began dumping their waste in smaller southeast Asian countries, including Malaysia and Vietnam.

They too have now tried to close the doors to foreign trash as reports of polluted waterways, chokingly toxic air, and illness grows — and as they struggle with inadequate infrastructure to deal with their own domestic waste.

Jan Dell, the founder and CEO of Last Beach Cleanup, released a report with the Basel Action Network, an anti-plastic organization, earlier this month showing that the Sacramento facility and other California waste companies were sending bales of carton-contaminated paper to Malaysia, Vietnam and other Asian nations.

According to export data, public records searches and photographic evidence collected by Dell and her co-authors at the Basel Action Network, more than 117,000 tons or 4,126 shipping containers worth of mixed paper bales were sent by California waste companies to Malaysia between January and July of this year.

Dell said these exports violate international law. A spokesman for Waste Management said the material they were sending was not illegal — and that they had received approval from Malaysia.

However, the Dec. 15 letter suggests they were receiving more pushback from their export markets than they’d previously disclosed.

“While certain end users maintain … that paper mills are able to process and recycle cartons,” some of them “have also shared concerns … that the inclusion of cartons … may result in rejection,” wrote Nettz.

Dell said she was “pleased” that Waste Management “stopped the illegal sortation of cartons into mixed paper bales. Now we ask them and other waste companies to stop illegally exporting mixed paper waste to countries that have banned it.”

Nothing but dirt and dry, brown chaparral rolled beneath skis and snowboards dangling from a chairlift at Big Bear Mountain Resort on Friday, as forlorn adventure seekers joked they should rename the place “Big Bare.”

Unseasonably high temperatures even left the impressive array of high-tech artificial-snow makers below mostly useless, their fans spinning idly in the warm breeze.

“The word I’ve been using is “abysmal,” said Cameron Miniutti, 29, who was riding the lift in a light cotton shirt, with the hot sun glinting off his ski goggles. “This is, for sure, the toughest start [to a season] I’ve seen.”

Similarly bleak panoramas can be found at ski areas across the American West so far this year, but especially in California, where a wet November gave way to one of the driest Decembers in recent memory.

People visit Big Bear Village on Sunday, with no snow in sight.

As of Friday, the state had only 12% of the snow that’s normal for this time of year, and only 3% of what water managers hope for in an average year, according to the California Department of Water Resources.

Which is why water managers — and skiers — are hoping for a Christmas miracle as an enormous atmospheric river takes aim at California this week. The soaking rains may threaten coastal cities with flash floods and nightmarish traffic, but they promise sweet relief for snow-starved thrill seekers from Lake Tahoe to the San Bernardino Mountains in Southern California.

Mammoth Mountain, the tallest commercial ski resort in California, could get up to 7 feet of snow this week, according to On the Snow, a website that tracks conditions at ski areas.

Resorts on the north end of Lake Tahoe could see up to 5 feet, and even Big Bear could get 3 feet, assuming the temperature stays below freezing, according to the website.

That’s important to everyone, even nonskiers, because roughly a third of the water California relies on each year for drinking, farming and fighting wildfires accumulates as snow in the mountains during the winter and then gradually melts through the spring and summer, when the state can otherwise be bone dry.

Many California ski areas were forced to delay opening this year, and even those that got the lifts spinning have had to confine skiers to only a handful of runs, often on man-made snow.

That has been this case at Big Bear, where a thin strip of artificial snow snakes from the 8,440 top of the Bear Mountain Express chairlift to the base at just over 7,000 feet. While crews worked diligently to rake the fake snow over exposed rocks and patches of bare dirt on Friday, skiers and boarders scraped by like traffic on the 405 Freeway.

“It’s crazy,” Miniutti said, “I mean, I can’t even imagine what this is like on a weekend.”

And the range of abilities of people crammed onto the same run creates its own, unique kind of “obstacle course,” Miniutti said.

You have to concentrate on not crashing into people in front of you — many of whom are absolute beginners, tumbling to the snow for no apparent reason — while praying the very good skiers and snowboarders you can hear racing up behind you will somehow avoid mowing you down.

People ski and snowboard at Big Bear Mountain Resort on man-made snow on Sunday.

“There’s, like, the best snowboarders in the world and people on their first day right next to each other,” Miniutti said.

But under the circumstances, Miniutti had nothing but admiration for the mountain staff for keeping the run open despite the seemingly impossible weather.

“I’m still having a blast,” he said, “it’s absolutely worth coming up.”

Devon James, 24, from Pasadena, felt the same way. He was warm in long sleeves, which he took to wearing after wiping out in short sleeves a week ago and “getting cut up.”

One day lift tickets at Big Bear cost more than $150 this season. At fancier resorts, like Mammoth Mountain, they can easily climb to more than $200 per day. So most serious skiers buy season passes for just under $1,000 that are good at many mountains across the country and around the world.

But that means they feel compelled to get their days in, no matter the conditions.

“I mean, that’s kind of the whole game, right,” James laughed. “I’ve got to get at least eight or nine days to get back to even.”

Skiers and snowboarders navigate bare areas at Big Bear Mountain Resort.

Miniutti, who is originally from Massachusetts, and learned to snowboard on the freezing, icy hills of New England, still prefers the alpine experience on the West Coast.

Even when there are legitimate winter conditions at Big Bear, he loves hopping in his car at the end of the day and driving home to Los Angeles, where it’s seemingly always 70 degrees and sunny.

“I can’t really beat that,” he said, “I’m not complaining.”

Even though Visalia holds the title of being the oldest city in the San Joaquin Valley, it’s more likely a place you’ve passed through on your way to visit General Sherman or the infamous carved Tunnel Log. Many Angelenos don’t even know how to properly pronounce its name.

But Visalia (say it: vai-SAY-lee-uh) — a place long known as “the gateway to the Sequoias” for its proximity to Sequoia and Kings Canyon national parks — is becoming a destination in its own right.

The 151-year-old Central Valley city has been working hard to shed its bucolic stereotypes and reinvent itself as a cosmopolitan oasis with hip boutiques, craft breweries and a revamped downtown. Changes started happening about five years ago when the Darling Hotel opened in the bones of the former 1930s Tulare County Courthouse annex. The Art Deco boutique hotel offers chic accommodations, catering to design-savvy travelers. Nowadays, downtown’s East Main Street, which plays host to tchotke-laden antique stores and patio dining, is a vibrant, walkable hub. At First Friday Downtown Art Walks, people can groove to a steady playlist of popular tunes thanks to a speaker system the city installed along the sidewalks. And although its Chinatown has been dismantled for years, many Chinese restaurants and a sizable Asian population remain, along with some of the community’s original Asian-inspired architecture along Main Street.

With farmlands nearby, farmers markets are held not once, but twice a week in Visalia’s downtown area, while local farms offer pick-your-own visits and plenty of restaurants make use of the local and seasonal produce at their disposal (seek out the honey glazed shrimp made with locally grown walnuts at Canton Restaurant as well as the berry pies and fruit preserves at the Vintage Press Restaurante).

Counterculture types will find respite at music and vintage store Velouria Records, cult film fans can catch free and low-cost screenings at the historic Visalia Fox Theater and paranormal-enthusiasts can chase spirits on ghost tours or late-night jaunts to the notoriously haunted Visalia Public Cemetery. There is even an extensive underground tunnel system — once used to operate gambling joints and opium dens — that still exists below downtown. Some people still find their way into them — those who aren’t deterred by massive spiders or trespassing charges, that is.

The city comes together for annual events, such as the twice-yearly downtown Wine Walk, the culinary extravaganza Taste of Visalia or the wintertime tradition Candy Cane Lane Parade, which celebrates its 79th anniversary this month. Also notable: Visalia became the first city in the United States to be designated a Certified Autism Destination in 2022, training at least 80% of its guest and public-facing staff in autism and sensory disorders.

As the city continues shucking its former reputation as a drive-by dot on the map, SoCal residents seeking a weekend escape only a few hours away would do well to take note. There is plenty of natural beauty to be found in the area, and one doesn’t have to drive into the higher elevations of the Southern Sierra Nevada Mountains to get some adventure time in. Rent a boat or a kayak at nearby Lake Kaweah, strap on a helmet and do some whitewater rafting in Three Rivers or wander through preserved wetlands that have been untouched for centuries.

It might not be the first place on your California vacation bucket list, but Visalia is worthy of a visit — and with its rapidly changing cityscape, will likely have more to offer with each passing year.

Republicans and Democrats squared off in court Monday in a high-stakes battle over the fate of California’s Proposition 50, which reconfigures the state’s congressional districts and could ultimately help determine which party controls the U.S. House in the 2026 midterms.

Dozens of California politicians and Sacramento insiders — from GOP Assembly members to Democratic redistricting expert Paul Mitchell — have been called to testify in a Los Angeles federal courtroom over the next few days.

The GOP wants the three-judge panel to temporarily block California’s new district map, claiming it is unconstitutional and illegally favors Latino voters.

An overwhelming majority of California voters approved Prop. 50 on Nov. 4 after Gov. Gavin Newsom pitched the redistricting plan as a way to counter partisan gerrymandering in Texas and other GOP-led states. Democrats admitted the new map would weaken Republicans’ voting power in California, but argued it would just be a temporary measure to try to restore national political balance.

Attorneys for the GOP cannot challenge the new redistricting map on the grounds that it disenfranchises swaths of California Republicans. In 2019, the U.S. Supreme Court decided that complaints of partisan gerrymandering have no path in federal court.

But the GOP can bring claims of racial discrimination. They argue California legislators drew the new congressional maps based on race, in violation of the Equal Protection Clause of the 14th Amendment and the 15th Amendment, which prohibits governments from denying citizens the right to vote based on race or color.

On Monday, attorneys for the GOP began by homing in on the new map’s Congressional District 13, which currently encompasses Merced, Stanislaus, and parts of San Joaquin and Fresno counties, along with parts of Stockton.

When Mitchell drew up the map, they argued, he over-represented Latino voters as a “predominant consideration” over political leanings.

They called to the stand RealClearPolitics elections analyst Sean Trende, who said he observed an “appendage” in the new District 13, which extended partially into the San Joaquin Valley and put a crack in the new rendition of District 9.

“From my experience [appendages] are usually indicative of racial gerrymandering,” Trende said. “When the choice came between politics and race, it was race that won out.”

Republicans face an uphill struggle in blocking the new map before the 2026 midterms. The hearing comes just a few weeks after the U.S. Supreme Court allowed Texas to temporarily keep its new congressional map — a move that Newsom’s office says bodes poorly for Republicans trying to block California’s map.

“In letting Texas use its gerrymandered maps, the Supreme Court noted that California’s maps, like Texas’s, were drawn for lawful reasons,” Brandon Richards, a spokesperson for Newsom, said in a statement. “That should be the beginning and the end of this Republican effort to silence the voters of California.”

In Texas, GOP leaders drew up new congressional district lines after President Trump openly pressed them to give Republicans five more seats in the U.S. House of Representatives. A federal court blocked the map, finding racial considerations likely made the Texas map unconstitutional. But a few days later the Supreme Court granted Texas’ request to pause that ruling, signaling they view the Texas case, and this one in California, as part of a national politically-motivated redistricting battle.

“The impetus for the adoption of the Texas map (like the map subsequently adopted in California),” Justice Samuel A. Alito Jr. argued, “was partisan advantage pure and simple.”

The fact that the Supreme Court order and Alito’s concurrence in the Texas case went out of their way to mention California is not a good sign for California Republicans, said Richard L. Hasen, professor of law and director of the Safeguarding Democracy Project at UCLA School of Law.

“It’s hard to prove racial predominance in drawing a map — that race predominated over partisanship or other traditional districting principles,” Hasen said. “Trying to get a preliminary injunction, there’s a higher burden now, because it would be changing things closer to the election, and the Supreme Court signaled in that Texas ruling that courts should be wary of making changes.”

Many legal scholars argue that the Supreme Court’s ruling on the Texas case means California will likely keep its new map.

“It was really hard before the Texas case to make a racial gerrymandering claim like the plaintiffs were stating, and it’s only gotten harder in the last two weeks,” said Justin Levitt, a professor of law at Loyola Marymount University.

Hours after Californians voted in favor of Prop. 50 on Nov. 4, Assemblymember David J. Tangipa (R-Fresno) and the California Republican Party filed a lawsuit alleging that the map enacted in Prop. 50 for California’s congressional districts is designed to favor Latino voters over others.

The Department of Justice also filed a complaint in the case, arguing the new congressional map uses race as a proxy for politics and manipulated district lines “in the name of bolstering the voting power of Hispanic Californians because of their race.”

Mitchell, the redistricting expert who drew up the maps, is likely to be a key figure in this week’s battle. In the days leading up to the hearing, attorneys sparred over whether Mitchell would testify and whether he should turn over his email correspondence with legislators. Mitchell’s attorneys argued he had legislative privilege.

Attorneys for the GOP have seized on public comments made by Mitchell that the “number one thing” he started thinking about” was “drawing a replacement Latino majority/minority district in the middle of Los Angeles” and the “first thing” he and his team did was “reverse” the California Citizens Redistricting Commission’s earlier decision to eliminate a Latino district from L.A.

Some legal experts, however, say that is not, in itself, a problem.

“What [Mitchell] said was, essentially, ‘I paid attention to race,’” Levitt said. “But there’s nothing under existing law that’s wrong with that. The problem comes when you pay too much attention to race at the exclusion of all of the other redistricting factors.”

Other legal experts argue that what matters is not the intent of Mitchell or California legislators, but the California voters who passed Prop. 50.

“Regardless of what Paul Mitchell or legislative leaders thought, they were just making a proposal to the voters,” said Hasen, who filed an amicus brief in support of the state. “So it’s really the voters’ intent that matters. And if you look at what was actually presented to the voters in the ballot pamphlet, there was virtually nothing about race there.”