California Supreme Court

Julie Vandermost, Petitioner v. Debra Bowen, as Secretary of State

January 27, 201253 Cal. 4th 421

Summary

The concurrence agrees that the Commission-certified Senate map should be used as the interim map if the referendum qualifies, because that map is superior under the applicable redistricting criteria. It disagrees with the majority's broad conception of judicial discretion, arguing that the California Constitution generally requires a showing that the referendum is likely to qualify before the court decides the merits of an interim-map petition. The concurrence emphasizes that constitutional text supplies a determinate standard that better limits political entanglement than an open-ended prudence inquiry.