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Judge strikes down California gun law modeled on Texas abortion measure
Politico via Yahoo NewsA federal judge has blocked a California gun law that emulated a controversial Texas abortion measure — and which was intended to provoke a court fight.
The injunction from Judge Roger Benitez sets California’s law, which enables private citizens to sue manufacturers of illegal guns, on a potential path to the U.S. Supreme Court. That could set up a test of both laws — an outcome that California Gov. Gavin Newsom has sought.
“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 in a statement Monday. "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."
Benitez also underscored the ties between the two laws in his ruling, citing Newsom’s condemnations of the Texas measure that deputizes citizens to sue abortion providers as evidence that the California gun law is unconstitutional.
"'It is cynical.' 'It is an abomination.' 'It is outrageous and objectionable.' 'There is no dispute that it raises serious constitutional questions,'" Benitez wrote at the start of his ruling, quoting Newsom on the Texas law as evidence that "by implication," the same is true of California's law.
The injunction from Judge Roger Benitez sets California’s law, which enables private citizens to sue manufacturers of illegal guns, on a potential path to the U.S. Supreme Court. That could set up a test of both laws — an outcome that California Gov. Gavin Newsom has sought.
“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 in a statement Monday. "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."
Benitez also underscored the ties between the two laws in his ruling, citing Newsom’s condemnations of the Texas measure that deputizes citizens to sue abortion providers as evidence that the California gun law is unconstitutional.
"'It is cynical.' 'It is an abomination.' 'It is outrageous and objectionable.' 'There is no dispute that it raises serious constitutional questions,'" Benitez wrote at the start of his ruling, quoting Newsom on the Texas law as evidence that "by implication," the same is true of California's law.
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Especially when you add this to it "Benitez also underscored the ties between the two laws in his ruling, citing Newsom’s condemnations of the Texas measure"
It's really not that good of a look. Benitez isn't like a CA State Senator, he's supposed to be impartial/non-political. The two come off looking like a team here.
I like the guy, but he sometimes does some things I feel are really not well thought-through.
