A federal judge recent blocked California from enforcing controversial gun control laws that allowed private citizens to bring lawsuits against gun manufacturers.
Fox News reported on the matter:
“U.S. District Court Judge Roger Benitez of the Southern District of California issued a permanent injunction on Monday against the “fee-shifting” provisions of the state’s gun law – which empowers private citizens to bring lawsuits against gun manufacturers – declaring it unconstitutional.”
Judge Benitez stated, “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.”
The California gun law also createsd a private right-of-action which allowed private citizens to sue gun manufactures who make “assault weapons and ghost guns” for up to $10,000.
However, this is the exact outcome that Governor Gavin Newsom was hoping for. The gun law that Newsom created was based on Texas’ anti-abortion law which allows private citizens to raise lawsuits against abortion providers.
In Texas, it is illegal to perform an abortion after a heartbeat can be detected in the fetus and permits individuals to take legal action against abortions after this period. The legal measure allows private citizens to sue abortion providers or anyone who assists in the procurement of an abortion for up to $10,000.
The Texas Tribune reports:
“The law, a near-total ban on abortions, includes several provisions that experts say tilt the scale toward plaintiffs, including protecting serial plaintiffs who could file dozens or hundreds of cases, incentivizing civilians to sue with a $10,000 cash reward if successful and removing defendants’ ability to recoup their legal fees.”
Newsom specifically designed the now unconstitutional gun law to be nearly identical to the “fee-shifting” anti-abortion law in Texas. Now that California’s gun control scheme has been struck down, it sets judicial precedent for a similar ruling against the Texas abortion law.
Governor Newsom stated:
“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. 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. There is no longer any doubt that Texas’ cruel anti-abortion law should also be struck down.”
The Office of Governor Gavin Newsom also claimed:
“SB 1327 was enacted after the Supreme Court allowed Texas’ SB 8 to go into effect to ensure that if courts will allow Texans to sue to stop abortions, then California could use that same legal mechanism to protect Californians from gun violence on our streets. Governor Newsom has always spoken out against SB 8, calling it abhorrent.”
“With today’s ruling, it is hypocritical to let Texas use procedural rules to shield its laws from review and then say that California cannot enact the very same rules in its laws. As the Supreme Court has recognized, ‘in the law, what is sauce for the goose is normally sauce for the gander.’”
With the recent ruling against Newsom gun control law, liberal abortion activists will be on the offensive to strike down laws in Texas.
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