A federal judge recently struck down Gavin Newsom’s political stunt gun reform bill. California intended for the bill to get rejected because the legislation emulated Texas’ abortion ban.
U.S. District Court Judge Roger Benitez of the Southern District of California declared the legislation, which allows private citizens to sue manufacturers of illegal guns, unconstitutional.
“‘It is cynical. ‘It is an abomination.’ ‘It is outrageous and objectionable.’ ‘There is no dispute that it raises serious constitutional questions.’ ‘It is an unprecedented attempt to thwart judicial review,’” Benitez quoted directly from Newsom’s criticisms of the Texas abortion law.
The judge also commented on Texas and the abortion bills’ “fee-shifting” nature. “Whether these distinctions are enough to save the Texas law fee-shifting provision from judicial scrutiny remains to be seen,” Benitez wrote. “And although it would be tempting to comment on it, the Texas law is not before this Court for determination.”
This Texas provision passed in 2021, permits private citizens to sue abortion providers or anyone else who assists in a woman’s procurement of abortion for $10,000.
STATEMENT: @CAGovernor Gavin Newsom on a U.S. District Court deeming the fee-shifting provisions of #SB1327 (CA gun law modeled after Texas’ #SB8) unconstitutional:
“There is no longer any doubt that Texas’ cruel anti-abortion law should also be struck down” pic.twitter.com/H7Xhlorubq
— Brandon Richards (@BrandonRichards) December 20, 2022
This coincides with the revocation of Roe v. Wade, which made abortions illegal after a heartbeat can be detected in the fetus.
Newsom was delighted at the news as he is expecting to lead these two bills, both Texas’ and his, to the Supreme Court. The California Governor even thanked the judge that struck him down.
“I want to thank Judge Benitez. We have been saying all along that Texas’ anti-abortion law is outrageous. Judge Benitez just confirmed it is also unconstitutional,” Newsom said.
“The provision in California’s law that he struck down is a replica of what Texas did, and his explanation of why this part of SB 1327 unfairly blocks access to the courts applies equally to Texas’ SB 8.”
Although this seems like an obvious juxtaposition of two indistinguishable bills, Judge Benitez also notes the differences between the two bills.
Benitez says “California’s bill goes further” and only the California measure “applies to laws affecting a clearly enumerated constitutional right set forth in our nation’s founding documents.”
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