CalMatters is dedicated to explaining how state government impacts our lives. Your support helps us produce journalism that makes a difference. Donate now.

“Build the wall” — a slogan associated with former President Donald Trump and his supporters — is now being repurposed by California Democrats, who say they want to build metaphorical walls via legislation protecting abortion and LGBTQ rights.

“We know we can’t trust the Supreme Court to protect reproductive rights, so California will build a firewall around this right in our state constitution,” Gov. Gavin Newsom, Senate President Pro Tem Toni Atkins and Assembly Speaker Anthony Rendon said Monday night, hours after Politico published a draft U.S. Supreme Court majority opinion suggesting justices are poised to strike down Roe vs. Wade and the federal constitutional right to abortion.

And on Tuesday, Democratic state Sen. Scott Wiener of San Francisco announced that lawmakers in 18 other states have introduced or plan to introduce bills modeled on his proposal to provide legal protection for out-of-state families seeking gender-affirming care for their transgender kids.

  • Wiener: “We are building a coordinated national legislative campaign by LGBTQ lawmakers — a rainbow wall — to provide refuge for trans kids and their families.”

The two efforts are the latest indication that Democrats may turn to “states’ rights” — a legal argument often invoked by Republicans to challenge federal policies they say encroach on states’ authority to set their own rules — if the U.S. Supreme Court weakens or overturns federal precedents such as Roe vs. Wade.

  • We got a preview of that possible future in December, when the nation’s highest court declined to block a Texas law that allows private citizens to sue anyone who “aids or abets” an abortion after about six weeks of pregnancy.
  • Other states immediately started introducing bills modeled on Texas’ law, including California: Democratic lawmakers are advancing a Newsom-backed bill to allow private Californians to sue anyone who manufactures, distributes or sells assault weapons or ghost guns. “If states can now shield their laws from review by the federal courts,” Newsom said in December, “then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way.”
  • Atkins used similar language on Tuesday: “If you look at the draft opinion, it references states’ rights,” she said. “We are a state and California intends to use its full authority to defend our residents.”

In related news:

  • Billionaire Rick Caruso, one of the frontrunners in the Los Angeles mayoral race, pledged to donate $1 million to support a constitutional amendment enshrining abortion rights if lawmakers place it on the November ballot — but is facing criticism for past donations to politicians who oppose abortion.
  • An anti-abortion activist was arrested after scaling San Francisco’s 1,070-foot Salesforce Tower.
  • California LGBTQ activists and legal scholars told the San Francisco Chronicle they fear the draft opinion, if made final, could pave the way for other rulings overturning federal protections for gay marriage and sex.
  • Hundreds of people rallied in Los Angeles, San Francisco, Sacramento and other cities across the state Tuesday night to protest the potential rollback of abortion rights.

A message from our Sponsor

The coronavirus bottom line: As of Monday, California had 8,631,663 confirmed cases (+0.3% from previous day) and 89,694 deaths (+0.1% from previous day), according to state data now updated just twice a week on Tuesdays and Fridays. CalMatters is also tracking coronavirus hospitalizations by county.

California has administered 75,238,171 vaccine doses, and 75.4% of eligible Californians are fully vaccinated.

A message from our Sponsor

1. Murder charges filed in Sacramento shooting

Sacramento County District Attorney Anne Marie Schubert speaks during a news conference in Sacramento on March 2, 2019. Photo by Rich Pedroncelli, AP Photo
Sacramento County District Attorney Anne Marie Schubert speaks during a news conference in Sacramento on March 2, 2019. Photo by Rich Pedroncelli, AP Photo

Three men have each been charged with three counts of murder in the April 3 Sacramento shooting that killed six and wounded 12, Sacramento Police Chief Kathy Lester and Sacramento County District Attorney Anne Marie Schubert announced Tuesday. All three men — brothers Smiley and Dandrae Martin, both booked in Sacramento County jail, and Mtula Payton, who prosecutors allege was out on bail for felony possession of a firearm at the time of the shooting and remains at large — are eligible for the death penalty, though prosecutors haven’t yet decided whether to pursue that option. However, capital punishment is for all intents and purposes outlawed in California — Newsom placed a moratorium on the practice on his first day in office, and the state hasn’t executed anyone since 2006.

At the Tuesday press conference in downtown Sacramento, prosecutors seemed frustrated with state laws they suggested have constrained their ability to charge suspects:

2. Sports betting battle intensifies

A DraftKings logo is displayed on a board inside of the DFS Players Conference in New York on November 13, 2015. Photo by Lucas Jackson, REUTERS
A DraftKings logo displayed on a board at the DFS Players Conference in New York on Nov. 13, 2015. Photo by Lucas Jackson, Reuters

The battle over sports betting is heating up, with at least two of four competing initiatives poised to land on the November ballot unless state lawmakers can strike a deal to avert a costly ballot box fight — as they did last week with an agreement on medical malpractice awards. On Tuesday, online sports betting giants FanDuel, DraftKings and BetMGM submitted 1.6 million signatures backing their measure; around 1.1 million of those will need to be valid for it to qualify for the ballot. If approved, it will join another eligible measure to allow in-person sports betting at tribal casinos and four horse race tracks.

  • FanDuel, DraftKings and BetMGM are pitching their measure — which would require gaming companies to pay a $100 million licensing fee and be licensed in 10 other states in order to do business in California — as one that would generate “significant revenue to fund homelessness housing and mental health treatment and provide financial support for California Tribal nations,” initiative spokesman Nathan Click told CalMatters’ Grace Gedye.
  • But many Native American tribes are campaigning against the gaming companies’ initiative.
  • “The out-of-state online gaming corporations’ flawed measure is full of loopholes and deceptive promises,” said Roger Salazar, a spokesperson for Californians for Tribal Sovereignty and Safe Gaming, which is backing another proposed ballot measure that would exclusively allow tribes to offer online and in-person sports betting. “These out of state operators don’t care about California. 90% of the profits from this measure go to these out of state corporations, leaving only pennies for the homeless.”

One measure that won’t be on the ballot: The Howard Jarvis Taxpayers Association’s proposal to overturn a provision of Proposition 19, a property tax measure voters approved in 2020.

3. Three Capitol dispatches

Matt Haney is sworn in to the California State Assembly on May 3, 2022. Photo via Twitter
Matt Haney is sworn in to the California State Assembly on May 3, 2022. Photo via Twitter

Tuesday was a busy day in the state Capitol, so let’s catch up on must-know news:

A message from our Sponsor

CalMatters commentary

CalMatters columnist Dan Walters: California’s treasury is awash in cash, and the Capitol’s dominant Democrats now must decide how to handle the cornucopia.

San Francisco pilot project would help secure voting rights: Secretary of State Shirley Weber must take a key step by May 7 toward approving open-source voting for California, long advocated by election security experts and election integrity activists, argue Carolyn Fowler and Christine Pelosi, chair and past chair, respectively, of the California Democratic Party Women’s Caucus.

Housing shouldn’t be a worry for college students: Financing more student housing at California’s public colleges and universities is an investment in the state’s economic future, write Dick Ackerman and Mel Levine, co-chairs of the California Coalition for Public Higher Education.

Other things worth your time

Podcast: Deplorable conditions and poor oversight in Los Angeles apartment complex. // CalMatters

Can sustainable suburbs save Southern California? // New Yorker

Homicides in L.A. on pace to match 15-year high from 2021. // Los Angeles Times

L.A. County D.A.’s office under Gascón is at war with itself. // Los Angeles Times

State orders investigation of alleged hazing at Golden West police academy. // Orange County Register

San Jose mayor calls for stronger alcohol, drug testing after report of officer under the influence. // Mercury News

California man convicted of sexually assaulting homeless women. // Associated Press

Los Angeles County looks to form new entity to solve homeless crisis. // Daily News

Amazon to add 2,500 office jobs in Southern California. // Los Angeles Times

Why are so many people in California seeking unemployment benefits? // Sacramento Bee

45% of undocumented Californians are going hungry. How CalFresh might fill the gap. // Sacramento Bee

Lithium in California electric cars takes climate change toll. // Los Angeles Times

Feds will release less water from Colorado River reservoir. // Los Angeles Times

Federal plan to thin forest on Pine Mountain draws lawsuits from Patagonia, Ojai and others. // Los Angeles Times

After more than a century, California condors soar over Yurok tribal lands once again. // Los Angeles Times

Norman Mineta, transportation secretary in 9/11 era and former San Jose mayor, dies. // Associated Press

Ukrainian students in California find warm welcome in schools. // EdSource

L.A. County seeks bids to bring high-speed internet to poor Black, Latino areas. // Capital & Main

CalMatters journalists honored for stories examining home ownership, nursing home oversight and racial justice. // CalMatters

See you tomorrow.

Tips, insight or feedback? Email

Follow me on Twitter: @emily_hoeven

Subscribe to CalMatters newsletters here.

Follow CalMatters on Facebook and Twitter.

CalMatters is now available in Spanish on TwitterFacebook and RSS.

We want to hear from you

Want to submit a guest commentary or reaction to an article we wrote? You can find our submission guidelines here. Please contact CalMatters with any commentary questions:

Emily Hoeven wrote the daily WhatMatters newsletter for three years at CalMatters . Her reporting, essays, and opinion columns have been published in San Francisco Weekly, the Deseret News, the San Francisco...