Benavidez

A group of Latino California residents appeal the three-judge district court’s dismissal of their complaint in intervention alleging that California’s congressional districting violates the Voting Rights Act, 42 § 1973 et seq. The district court’s opinion articulates no reason for dismissing these plaintiff-intervenors. Appellee Governor Pete Wilson suggests that dismissal was proper either under principles governing jurisdiction over intervenors, or based on abstention. We consider and reject each of these possibilities. Because we can' discern no proper basis for the dismissal, we reverse and remand for further proceedings.

I

The California Constitution requires the state legislature to redistrict “[i]n the year following the year in which the national census is taken.” Cal. Const. art. XXI, § 1. This provision thus mandated a redistricting in 1991, but as of September 1, 1991, no redistricting had been attempted. On September 6, 1991, Governor Pete Wilson filed a petition for original writ with the California Supreme Court, requesting that the Supreme Court proceed with redistricting. On September 23, the Legislature submitted three redistricting plans to the Governor, but he…