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Federalism

Public disputes over how power is divided between the federal government and the states, including whether a state may regulate federal officers, agencies or programs.

Published coverage on this page: 1 case · 15 statements. Statements are ordered newest first.

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15 matching statements

Bill Essayli

Role at the time: First Assistant U.S. Attorney for the Central District of California, in a post on his official X account

Condemned

Response to this claim

First Assistant U.S. Attorney Bill Essayli said on September 29, 2026 that California has no jurisdiction to regulate federal agents and that he had advised the Department of Homeland Security to disregard AB 2760.

Quotation excerpt

“Governor, we’ve been through this already. If you want to regulate federal agents, you have to win a federal election. Until then, you have no jurisdiction. Accordingly, I have advised DHS to disregard your bill attempting to ban safe and…”
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“Governor, we’ve been through this already. If you want to regulate federal agents, you have to win a federal election. Until then, you have no jurisdiction. Accordingly, I have advised DHS to disregard your bill attempting to ban safe and effective less-lethal tools that agents need to escalate dangerous situations.”
Read the original post (opens in a new tab)Bill Essayli (@USAttyEssayli) on X, September 29, 2026: 'Governor, we've been through this already.' · Bill EssayliPost of September 29, 2026, 20:51 UTC, quoting the Governor's press office post announcing the signed bills
Why we used this label

Relative to the ban as applied to federal officers, Essayli rejects it as beyond California's power, says he told DHS to disregard it, and calls the tools it bans safe and effective. The post answers mainly the question of state power, with a brief characterization of the gloves' safety. We used Condemned because he rejects the ban as unenforceable against federal agents. The closest competing label is Challenges the characterization, because he disputes that California may regulate federal agents at all, but he goes on to reject the bill itself and tell DHS to disregard it.

Kevin R. Johnson

Role at the time: Professor emeritus at the UC Davis School of Law, quoted in an Associated Press report

Condemned

Response to this claim

First Assistant U.S. Attorney Bill Essayli said on September 29, 2026 that California has no jurisdiction to regulate federal agents and that he had advised the Department of Homeland Security to disregard AB 2760.

“The state has very limited, if any, powers in dictating to the federal government how its officers are armed”
Open source (opens in a new tab)Newsom signs California law banning officers from using gloves that deliver electric shocks · Associated PressParagraphs quoting Kevin Johnson, Jim Cooper and LaShae Sharp-Collins; AP report as published by PBS News
Why we used this label

Relative to the ban as applied to federal officers, Johnson predicts that courts will hold the state lacks the power to bind federal officers, which rejects the ban's federal application as beyond California's authority. He addresses only the power question. We used Condemned because he rejects the application as unenforceable, even while calling the laws well-intentioned. The closest competing label is Mixed or conditional, because he calls the laws well-intentioned and frames his conclusion as a prediction (likely), but he credits only the laws' purpose and rejects their application to federal officers.

Portrait of Gavin Newsom

Gavin Newsom

Role at the time: Governor of California, in a news release from his office announcing the signed bills

Defended or excused

Response to this claim

Gov. Gavin Newsom's office said on September 29, 2026 that California cannot dictate federal immigration policy but that, where federal immigration enforcement operates in California, the state can establish and enforce requirements governing law-enforcement practices, and it listed AB 2760's ban on shock gloves among the standards it set.

Quotation excerpt

“California cannot dictate federal immigration policy. But where federal immigration enforcement operates within California, the state can establish and enforce state-law requirements governing state property, state resources, detention…”
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“California cannot dictate federal immigration policy. But where federal immigration enforcement operates within California, the state can establish and enforce state-law requirements governing state property, state resources, detention facilities, public records, law-enforcement practices and access to state-administered programs.”
Read the official statement (opens in a new tab)Governor Newsom signs bills to push back on Trump's Orwellian immigration tactics to protect immigrant communities · Gavin NewsomGovernor's news release of September 29, 2026: Newsom statement, 'California cannot dictate federal immigration policy' paragraph, and 'Establish stronger standards for law-enforcement practices' list
Why we used this label

Relative to California's ban on shock gloves as applied to federal officers, the Governor's office says the state may set law-enforcement requirements where federal immigration enforcement operates in California and lists the ban among the standards it set. That defends the state's authority to set law-enforcement equipment standards where federal enforcement operates, and the release lists the ban among them, so we used Defended or excused. The release does not say in terms that the ban reaches federal officers. The release answers the question of state power and says nothing on whether the gloves are safe. The closest competing label is Mixed or conditional, because the same passage says the state cannot dictate federal immigration policy, but that limit concerns immigration policy and does not condition the office's support for the equipment ban.

Jeff Niklaus

Role at the time: Founder and chief executive of Compliant Technologies, the maker of the G.L.O.V.E., in a company question-and-answer video

Condemned

Response to this claim

ICE said in its August 2026 sole-source justification that the G.L.O.V.E. is a non-lethal, de-escalation device meant to reduce reliance on higher levels of force, and that ICE has no empty-hand use-of-force device to give its officers.

Quotation excerpt

“We were never contacted by any legislator or agency within California. And at the end of the day, the people that are going to be hurt are the citizens of California and the law enforcement agencies because they're going to lose a tool that…”
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“We were never contacted by any legislator or agency within California. And at the end of the day, the people that are going to be hurt are the citizens of California and the law enforcement agencies because they're going to lose a tool that can help them. It's amazing to me that no other tools, the safest, most humane, deescalatory product probably ever to come along in our opinion is now taken off the table and no other technologies were whatsoever because of lack of knowledge and political bias in our opinion.”
Watch the original video (opens in a new tab)Compliant Technologies Q&A (YouTube video, September 22, 2026) · Compliant TechnologiesFrom about 22:20 to 23:35 (answer to a question about the California ban)
Why we used this label

Relative to the ban as applied to federal officers, the maker rejects the ban as the product of political bias and ignorance of the product and says Californians and agencies will lose a useful tool. The answer addresses the safety question and says nothing about California's power over federal officers. We used Condemned because he rejects the ban as unwise and uninformed. The closest competing label is Challenges the characterization, because he disputes how the gloves are viewed, but he goes on to reject the ban itself.

Vikram David Amar

Role at the time: Professor of law at the UC Davis School of Law, co-author with Illinois law professor Jason Mazzone of a column on Justia's Verdict site

Condemned

Statement summary

In a column published on Justia's Verdict site on September 3, 2026, UC Davis law professor Vikram David Amar and University of Illinois law professor Jason Mazzone wrote of two bills the Legislature had just passed, the shock-glove ban for all local, state and federal officers and the Get the Feds Out Act on public employment of federal immigration officers, that they "are purely performative and will never be implemented." They wrote that, because no one argues ICE's use of shock gloves necessarily violates the federal Constitution, state laws that seek to regulate that practice are, "unless and until the federal government assents to state regulation, dead on arrival." In the same column they argued that a separate California law allowing damages claims against federal officers who violate the Constitution is constitutionally permissible, while acknowledging that courts will have to resolve the question.

Quotation excerpt

“These bills are purely performative and will never be implemented. ... Because no one is arguing that ICE’s use of shock gloves necessarily violates the federal Constitution (just as no one argues the wearing of masks by ICE officers…”
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“These bills are purely performative and will never be implemented. ... Because no one is arguing that ICE’s use of shock gloves necessarily violates the federal Constitution (just as no one argues the wearing of masks by ICE officers violates the Constitution), state laws that seek to regulate these ICE practices or discriminate against current or former ICE officers with respect to state employment are, unless and until the federal government assents to state regulation, dead on arrival.”
Open source (opens in a new tab)One Step Forward and Two Steps Back: The California Legislature's Passage of the "No Kings" Act, the "Get the Feds Out" Act, and the "Shock Gloves" Measure (Verdict, September 3, 2026)Paragraphs beginning "As disappointing as the title of the 'No Kings' Act is", "These bills are purely performative" and "Because no one is arguing that ICE's use of shock gloves"

What this label refers to

Relative to California's ban on shock gloves as applied to federal officers, Amar and Mazzone call the ban purely performative and say it will never be implemented, and that state laws regulating ICE's use of the gloves are dead on arrival unless the federal government assents. That rejects the ban's application to federal officers on the power question, so we used Condemned. They address California's legal power and do not say whether the gloves are safe. The closest competing label is Mixed or conditional, because the conclusion is stated as dependent on federal assent, but they treat that assent as unlikely and use it as a premise of their legal reasoning rather than a condition on their view.

Jim Cooper

Role at the time: Sacramento County Sheriff, a Democrat and former state Assemblymember, in a post on his official X account

Condemned

Response to this claim

First Assistant U.S. Attorney Bill Essayli said on September 29, 2026 that California has no jurisdiction to regulate federal agents and that he had advised the Department of Homeland Security to disregard AB 2760.

Quotation excerpt

“It’s unfortunate that this only became an issue once ICE purchased the G.L.O.V.E. In today’s political climate, anything associated with the Federal government immediately becomes radioactive. Unfortunately, the fallout won’t be felt by the…”
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“It’s unfortunate that this only became an issue once ICE purchased the G.L.O.V.E. In today’s political climate, anything associated with the Federal government immediately becomes radioactive. Unfortunately, the fallout won’t be felt by the Federal government; it will be felt by local deputies and police officers who are losing a valuable compliance and de-escalation tool, as California agencies have been using it for years. What somehow continues to be overlooked is that California cannot dictate the tools and tactics used by Federal law enforcement. Just like the state’s mask restrictions, this legislation will have no effect on Federal agencies.”
Read the original post (opens in a new tab)Sheriff Jim Cooper (@SheriffJCooper) on X, September 1, 2026, on the bill banning shock gloves · Jim CooperPost of September 1, 2026, 14:30 UTC, two paragraphs above the link to an ABC10 article
Why we used this label

Relative to the ban as applied to federal officers, Cooper rejects it on both questions: he says California cannot dictate the tools federal officers use, so the law will not reach them, and he says it will take a useful de-escalation tool from local deputies. We used Condemned because he rejects the ban as ineffective against federal agents and harmful to local law enforcement. The closest competing label is Mixed or conditional, because he says the law will have no effect on federal agencies while also objecting to its cost to local deputies, but the two points support one rejection.

California State Sheriffs' Association

Role at the time: California State Sheriffs' Association, in a written opposition letter quoted in the Assembly floor analysis and read aloud on the Senate floor

Condemned

Response to this claim

First Assistant U.S. Attorney Bill Essayli said on September 29, 2026 that California has no jurisdiction to regulate federal agents and that he had advised the Department of Homeland Security to disregard AB 2760.

Quotation excerpt

“Also, all indications are that this bill is focused on federal immigration authorities and their enforcement practices. This is one of a number of measures that attempt to regulate federal practices and at the same time implicate state and…”
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“Also, all indications are that this bill is focused on federal immigration authorities and their enforcement practices. This is one of a number of measures that attempt to regulate federal practices and at the same time implicate state and local law enforcement. As we have already seen with bills enacted during this session, it is not uncommon for courts to eliminate such bills' application to federal entities, thereby leaving the measures to only apply to state and/or local agencies.”
Read the original text (opens in a new tab)Assembly floor analysis of AB 2760, concurrence in Senate amendments (version of August 28, 2026)Assembly floor analysis dated 08/31/26 (listed on the Legislature's Bill Analysis tab and opened as a PDF): summary, comments (according to the author), arguments in support, arguments in opposition
Why we used this label

Relative to the ban as applied to federal officers, the association rejects the bill as unwise for law enforcement and predicts that courts will remove its federal application, leaving state and local agencies bound. The letter answers both questions: it argues the ban makes de-escalation harder and that the federal reach is unlikely to survive. We used Condemned because the association opposes the bill and rejects its federal application as unenforceable. The closest competing label is Mixed or conditional, but the written opposition attaches no condition to its position.

Jesse Arreguín

Role at the time: California state senator and chair of the Senate Public Safety Committee, closing the Senate floor debate on AB 2760

Defended or excused

Response to this claim

Assemblymember LaShae Sharp-Collins said the gloves are largely untested in real-world encounters, that a man died after being repeatedly shocked with them while in custody, and that public safety technology must be proven safe before it is deployed.

Quotation excerpt

“And while this bill is principally focused on local law enforcement, it's worth noting that ICE recently approved a $16.7 million contract to buy thousands of these torture gloves to be deployed in communities throughout the United States.…”
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“And while this bill is principally focused on local law enforcement, it's worth noting that ICE recently approved a $16.7 million contract to buy thousands of these torture gloves to be deployed in communities throughout the United States. But our focus is on local law enforcement. I believe, I don't want our local police to be able to use these devices. That's why I support this bill.”
Watch the original video (opens in a new tab)Senate floor session, August 31, 2026: AB 2760, closing remarks by Sen. Jesse Arreguin · CalMattersAB 2760 debate, video file df0a658fb9cbebd37649424dee68ae27, from 1,511 to 1,612 seconds (about 25:11 to 26:52)
Why we used this label

Relative to the ban as applied to federal officers, Arreguín supports the bill but says its focus is local law enforcement, and he does not argue that California can bind federal agents. He describes ICE's gloves in sharp terms, and he rests his own support on the risks to the public from local police use. We used Defended or excused because he defends the ban as enacted, which covers federal agencies, on safety grounds. The closest competing label is Mixed or conditional, because he sets the federal application aside, but he attaches no condition to his support.

Scott Wiener

Role at the time: California state senator, speaking in the Senate floor debate on AB 2760

Defended or excused

Response to this claim

Assemblymember LaShae Sharp-Collins said the gloves are largely untested in real-world encounters, that a man died after being repeatedly shocked with them while in custody, and that public safety technology must be proven safe before it is deployed.

“I have to be honest, the idea of wearing these gloves that you touch people and you shock the heck out of them, that is super creepy. And I don't want those in my community or anyone's community.”
Watch the original video (opens in a new tab)Senate floor session, August 31, 2026: AB 2760, remarks by Sen. Scott Wiener · CalMattersAB 2760 debate, video file df0a658fb9cbebd37649424dee68ae27, from 1,427 to 1,507 seconds (about 23:47 to 25:07)
Why we used this label

Relative to the ban as applied to federal officers, Wiener supports the ban on safety and public-trust grounds and says he does not want the gloves in anyone's community. He does not address whether California has the power to bind federal officers, so this is a statement on the safety question. We used Defended or excused. The closest competing label is Mixed or conditional, because he notes the bill has a sunset and can be evaluated later, but he asks for a yes vote without conditioning his support.

Vikram David Amar

Role at the time: Professor at the UC Davis School of Law, quoted by CalMatters

Condemned

Response to this claim

First Assistant U.S. Attorney Bill Essayli said on September 29, 2026 that California has no jurisdiction to regulate federal agents and that he had advised the Department of Homeland Security to disregard AB 2760.

“States simply can’t regulate how federal officers do their jobs, even if we don’t like how they do their jobs. That’s up to the federal government”
Open source (opens in a new tab)California Democrats race to ban electric shock gloves before ICE buys them · CalMattersParagraphs quoting UC Davis law professor Vikram Amar; paragraphs on the gut-and-amend and the ICE notice
Why we used this label

Relative to the ban as applied to federal officers, Amar says a state cannot regulate how federal officers do their jobs, which rejects the federal application as beyond the state's power, and he adds that bills like this are more performative than real. He addresses only the power question. We used Condemned because he rejects the ban's federal application as unenforceable. The closest competing label is Challenges the characterization, because a scholar's account of a law's legal reach is analysis rather than advocacy, but his statement plainly rejects the ban's application to federal officers.

U.S. Department of Homeland Security

Role at the time: U.S. Department of Homeland Security, in a statement from an unnamed spokesperson to several news outlets

Condemned

Statement summary

In a statement attributed to a Department of Homeland Security spokesperson, first reported in part by the Associated Press on August 27, 2026, printed through its second sentence by ABC 10News in San Diego on August 28, and quoted in full by the New York Post on September 1 and by Mother Jones on September 29, DHS said "Sanctuary politicians attempting to ban our federal law enforcement from any safety equipment is despicable and a deliberate attempt to undermine and endanger our officers." It said "we will not abide by unconstitutional bans" and that under the Supremacy Clause California's "sanctuary politicians do not control federal law enforcement." The statement did not name a spokesperson.

Quotation excerpt

“Sanctuary politicians attempting to ban our federal law enforcement from any safety equipment is despicable and a deliberate attempt to undermine and endanger our officers. To be crystal clear: we will not abide by unconstitutional bans.…”
Read full quotation
“Sanctuary politicians attempting to ban our federal law enforcement from any safety equipment is despicable and a deliberate attempt to undermine and endanger our officers. To be crystal clear: we will not abide by unconstitutional bans. The Supremacy Clause makes it clear that California’s sanctuary politicians do not control federal law enforcement.”
Open source (opens in a new tab)ICE awards $16.7 million contract for electric gloves amid California push to ban the devicesParagraphs on the ICE notice, Sharp-Collins's remarks, and the DHS statement to ABC 10News

What this label refers to

Relative to the ban as applied to federal officers, DHS rejects it as unconstitutional, says it will not comply, and calls the equipment it covers safety equipment for federal officers. The statement answers the power question directly through the Supremacy Clause and addresses the safety question only by calling the gloves safety equipment. We used Condemned because DHS rejects the ban as unconstitutional. The closest competing label is Explicitly declines, because DHS says it will not comply, but the refusal rests on a stated rejection of the ban.

LaShae Sharp-Collins

Role at the time: Assemblymember (D-San Diego) and author of AB 2760, answering a reporter's question at a Capitol news conference

Mixed or conditional

Response to this claim

First Assistant U.S. Attorney Bill Essayli said on September 29, 2026 that California has no jurisdiction to regulate federal agents and that he had advised the Department of Homeland Security to disregard AB 2760.

“And we know that some things we probably cannot obviously regulate, but we have to start somewhere.”
Watch the original video (opens in a new tab)Assemblymember Dr. Sharp-Collins and State Leaders Call for Ban on Electric Shock Gloves (California Assembly Democrats video of the August 27, 2026 news conference), question and answerQuestion about legal challenges and Sharp-Collins's answer, from about 31:43 to 32:38
Why we used this label

Relative to the ban as applied to federal officers, Sharp-Collins keeps backing the bill while conceding that the state probably cannot regulate some things, in answer to a question about legal challenges. She does not say which parts of the bill she has in mind. The answer addresses the question of state power, not safety. We used Mixed or conditional because she combines support for going ahead with an acknowledgment that some of what the state tries to regulate may be out of reach. The closest competing label is Defended or excused, because she does not withdraw the bill's application to federal officers and says the state has to start somewhere.

LaShae Sharp-Collins

Role at the time: Assemblymember (D-San Diego) and author of AB 2760, speaking at a Capitol news conference

Defended or excused

Response to this claim

Assemblymember LaShae Sharp-Collins said the gloves are largely untested in real-world encounters, that a man died after being repeatedly shocked with them while in custody, and that public safety technology must be proven safe before it is deployed.

Quotation excerpt

“And finally, the largest planned purchase of these gloves is by ICE, which was announced, and that plans is actually to purchase $20 million worth of these gloves. This news and dangerous tool, but also just the fact that it is a new and…”
Read full quotation
“And finally, the largest planned purchase of these gloves is by ICE, which was announced, and that plans is actually to purchase $20 million worth of these gloves. This news and dangerous tool, but also just the fact that it is a new and dangerous tool, will be in the hands of our least trained and most lawless law enforcement. That is one of my biggest concerns, and that's also everyone's concern.”
Watch the original video (opens in a new tab)Assemblymember Dr. Sharp-Collins and State Leaders Call for Ban on Electric Shock Gloves (California Assembly Democrats video of the August 27, 2026 news conference)Sharp-Collins's opening remarks, from about 1:37 to 2:03
Why we used this label

Relative to the ban as applied to federal officers, Sharp-Collins defends it by pointing to ICE's planned purchase and calling the gloves new and dangerous. The remarks answer the safety question and single out ICE officers as the users she is most concerned about, but they do not argue that California has the power to bind federal officers. We used Defended or excused because she supports the ban and ties it to the federal purchase. The closest competing label is Mixed or conditional, because in a later answer at the same event she acknowledged limits on what the state can regulate, which we record as a separate statement.

Kelly Seyarto

Role at the time: Republican state senator and vice chair of the Senate Public Safety Committee, speaking in the committee hearing on AB 2760

Condemned

Response to this claim

First Assistant U.S. Attorney Bill Essayli said on September 29, 2026 that California has no jurisdiction to regulate federal agents and that he had advised the Department of Homeland Security to disregard AB 2760.

“from a federal immigration standpoint, it makes zero difference in what they're doing whatsoever, because we do not have that jurisdiction. I don't want to handcuff our local police.”
Watch the original video (opens in a new tab)Senate Committee on Public Safety hearing, August 26, 2026: AB 2760, remarks by Sen. Kelly Seyarto · CalMattersAB 2760 item, video file 776f67398bb7df923fcea1627f67ed04, from 2,267 to 2,414 seconds (about 37:47 to 40:14)
Why we used this label

Relative to the ban as applied to federal officers, Seyarto rejects it on both questions: he says the state lacks jurisdiction over federal immigration enforcement, so the ban changes nothing for federal agents, and he calls the bill premature and a handcuffing of local police. We used Condemned because he rejects the ban as beyond the state's reach and unwise. The closest competing label is Challenges the characterization, because he disputes what the bill can accomplish, but he also opposes the policy and voted no.

California Immigrant Policy Center

Role at the time: Legislative advocate for the California Immigrant Policy Center, testifying for the bill before the Senate Public Safety Committee

Defended or excused

Response to this claim

Assemblymember LaShae Sharp-Collins said the gloves are largely untested in real-world encounters, that a man died after being repeatedly shocked with them while in custody, and that public safety technology must be proven safe before it is deployed.

Quotation excerpt

“Excessive use of force, such as taser gloves or electroshock gloves by any law enforcement agency, makes Californians less safe. These new devices would endanger the health and safety of Californians and heighten the fear immigrant families…”
Read full quotation
“Excessive use of force, such as taser gloves or electroshock gloves by any law enforcement agency, makes Californians less safe. These new devices would endanger the health and safety of Californians and heighten the fear immigrant families are experiencing currently during the Trump administration's dangerous mass deportation campaign.”
Watch the original video (opens in a new tab)Senate Committee on Public Safety hearing, August 26, 2026: AB 2760, testimony in support by Anallely Martin of the California Immigrant Policy Center · CalMattersAB 2760 item, video file 776f67398bb7df923fcea1627f67ed04, from 1,661 to 1,749 seconds (about 27:41 to 29:09)
Why we used this label

Relative to the ban as applied to federal officers, the center supports the ban as covering any law enforcement agency and argues the gloves make Californians less safe, tying that to the Trump administration's immigration enforcement. The testimony addresses the safety question and does not argue that California has the power to bind federal officers. We used Defended or excused. The closest competing label is Mixed or conditional, but the testimony states no condition.

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Bill Essayli

Bilal A. "Bill" Essayli is a lawyer and Republican former member of the California State Assembly who is First Assistant U.S. Attorney for the Central District of California. He represented the 63rd Assembly District from December 2022 to April 2025, and earlier worked as an assistant U.S. attorney in Los Angeles and Riverside and as a Riverside County deputy district attorney. He was interim and then acting U.S. Attorney for the district in 2025 before taking his current title on October 29, 2025.

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Jeff Niklaus

Jeff Niklaus is the founder and chief executive of Compliant Technologies, a veteran-owned company in the Lexington, Kentucky area that makes conductive distraction and de-escalation devices for law enforcement and corrections.

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Vikram David Amar

Vikram David Amar is the Daniel J. Dykstra Distinguished Professor of Law at the UC Davis School of Law and a constitutional law scholar. He was dean of the University of Illinois College of Law from 2015 to 2023 before returning to UC Davis. He clerked for Justice Harry Blackmun and writes a regular column for Justia's Verdict.

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Jim Cooper

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Jesse Arreguín

Jesse Arreguín is a Democratic member of the California State Senate who has represented the 7th District, which covers parts of Alameda, Contra Costa and San Francisco counties, since December 2024. He was mayor of Berkeley from 2016 to 2024 and served on the Berkeley City Council before that.

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Scott Wiener

Democratic candidate for U.S. House in California's 11th district.

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LaShae Sharp-Collins

LaShae Sharp-Collins is a Democratic member of the California State Assembly for the 79th District, which covers parts of southeastern San Diego, El Cajon, La Mesa and Lemon Grove. She took office on December 2, 2024, and holds a leadership post as Assistant Majority Leader for Policy and Research. Before her election she worked for the San Diego County Office of Education and taught Africana studies at San Diego State University.

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Kelly Seyarto

Kelly Seyarto is a Republican member of the California State Senate for the 32nd District, in office since December 2022. A retired Los Angeles County Fire Department battalion chief, he served on the Murrieta City Council and as mayor of Murrieta, and represented the 67th Assembly District from 2020 to 2022.

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