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TeamProg

(6,030 posts)
Sun Dec 12, 2021, 01:56 PM Dec 2021

California governor says he will use legal tactics of Texas abortion ban to implement gun control

(CNN) California Gov. Gavin Newsom expressed his "outrage" Saturday at a Supreme Court decision to allow the Texas six-week abortion ban to remain in effect and said he would use similar legal tactics to tackle gun control in his state.

"I am outraged by yesterday's US Supreme Court decision allowing Texas's ban on most abortion services to remain in place, and largely endorsing Texas's scheme to insulate its law from the fundamental protections of Roe v. Wade," Newsom said in a statement.

"But if states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people's lives, where Texas used it to put women in harm's way," the statement continued.

In light of the Supreme Court's decision, Newsom said he directed his staff to draft a bill that would allow private citizens to seek injunctive relief "against anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in the State of California."

The bill would also provide for statutory damages of at least $10,000 in addition to attorney's fees, the governor's statement said.
"If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that," Newsom said.

https://www.cnn.com/2021/12/12/us/california-gun-control-texas-abortion-legal-tactics/index.html

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Bayard

(22,005 posts)
1. It will be interesting to see what the Supremes do with that one
Sun Dec 12, 2021, 02:00 PM
Dec 2021

They've set the precedent. Doesn't look like it would affect current ownership.


TeamProg

(6,030 posts)
2. Hopefully anyone could sue a shooter or weapon / ammo provider for the damage done to society
Sun Dec 12, 2021, 02:07 PM
Dec 2021

(much like the TX abortion rules) as well as damage done to our personal liberty to move freely without threats.

TeamProg

(6,030 posts)
7. Ahem.. John Roberts, warned Friday that the Supreme Court risks losing its own authority if it..
Sun Dec 12, 2021, 09:15 PM
Dec 2021

WASHINGTON — The chief justice of the United States, John Roberts, warned Friday that the Supreme Court risks losing its own authority if it allows states to circumvent the courts as Texas did with its near-total abortion ban.

In a strongly worded opinion joined by the high court’s three liberal justices, Roberts wrote that the "clear purpose and actual effect" of the Texas law was "to nullify this Court’s rulings." That, he said, undermines the Constitution and the fundamental role of the Supreme Court and the court system as a whole.

The opinion was a remarkable plea by the chief justice to his colleagues on the court to resist the efforts by right-wing lawmakers to get around court decisions they dislike, in this case Roe v. Wade, the 1973 decision that made abortion legal in the United States, within limits. But in this case, his urgent request was largely ignored by the other justices on the court who were appointed by Republicans.

“If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution itself becomes a solemn mockery,” he said, quoting the 1809 U.S. v. Peters case, which found that state legislatures can't overrule federal courts. “The nature of the federal right infringed does not matter; it is the role of the Supreme Court in our constitutional system that is at stake.”

https://www.nbcnews.com/politics/politics-news/chief-justice-john-roberts-warns-supreme-court-over-texas-abortion-n1285747
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