Future Retirement Success
  • Politics
  • Business
  • Investing
  • Stocks
  • Politics
  • Business
  • Investing
  • Stocks

Future Retirement Success

Politics

Federal judge strikes down California’s ‘fee-shifting’ gun control scheme, which echoed Texas abortion law

by December 20, 2022
December 20, 2022
Federal judge strikes down California’s ‘fee-shifting’ gun control scheme, which echoed Texas abortion law

A federal judge has blocked the state of California from enforcing a gun control scheme that was modeled after a controversial Texas abortion law, delivering Democratic Gov. Gavin Newsom the exact outcome he wanted. 

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 manufacturers of illegal guns – declaring it 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 wrote in his opinion, quoting directly from Newsom’s criticisms of the Texas abortion law. 

The Texas measure makes abortions illegal after a fetal heartbeat can be detected and permits private citizens to sue abortion providers or anyone else who assists in a woman’s procurement of abortion for $10,000. This fee-shifting mechanism was designed to protect the 2021 law from judicial review to circumvent the Supreme Court’s old abortion precedent in Roe v. Wade. The high court has since overturned that precedent, permitting states to restrict, or liberalize, abortion. 

Newsom called on the California legislature to enact a similar law for guns days after the Supreme Court ruled than the Texas heartbeat law could remain in effect following a legal challenge. 

California’s gun law also creates a private right-of-action for citizens to sue gun manufactures who make ‘assault weapons and ghost guns’ for $10,000. Newsom described the law as virtually identical to the Texas provisions, but Benitez wrote that ‘California’s law goes even further.’ He observed that the gun control statute denies a prevailing plaintiff attorneys fees. Further, Benitez emphasized that only the California measure ‘applies to laws affecting a clearly enumerated constitutional right set forth in our nation’s founding documents.’ 

‘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.’ 

The judge’s order is likely to set up a showdown at the U.S. Supreme Court, which is the outcome Newsom desired. The governor’s office called it ‘hypocritical’ to block the state’s gun law while permitting the Texas abortion measure to stand.  

‘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. There is no longer any doubt that Texas’ cruel anti-abortion law should also be struck down.’ 

Fox News’ Landon Mion contributed to this report.

Chris Pandolfo is a writer for Fox News Digital. Send tips to chris.pandolfo@fox.com and follow him on Twitter @ChrisCPandolfo.

This post appeared first on FOX NEWS
0
FacebookTwitterGoogle +Pinterest
previous post
Democratic Rep. Richard Brown to return to Ohio House next year after recount upholds victory
next post
Racism raises Alzheimer’s risk for non-White Americans, HHS claims in new report

You may also like

Supreme Court flare-ups grab headlines as justices feel...

May 6, 2025

BREAKING: Republican Senator Ron Johnson Blasts Left-Wing Media...

November 9, 2022

Senate clears hurdle to passing aid package for...

February 12, 2024

House takes step toward AI regulation; government study...

July 28, 2023

Completely Normal: TV Reporter at the United Nations...

November 21, 2022

Trump announces ‘decisive and powerful’ airstrikes against Houthi...

March 15, 2025

House Oversight releases James Biden’s deposition transcript as...

March 2, 2024

Hillary’s 2016 Campaign CFO and Biden’s Head of...

December 13, 2022

Biden flip-flop on pardoning son Hunter is wildly...

December 11, 2024

Critics charge Biden with abandoning Israel, hostages amid...

March 27, 2024

    Get free access to all of the retirement secrets and income strategies from our experts! or Join The Exclusive Subscription Today And Get the Premium Articles Acess for Free

    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Trump celebrates Supreme Court limits on ‘colossal abuse of power’ by federal judges

      June 27, 2025
    • Second Amendment ‘setback’: Gun tax cuts stripped from Trump’s ‘big, beautiful bill’

      June 27, 2025
    • Don’t Give Big Businesses Immunity from Litigation

      June 27, 2025
    • Unmasking Medicaid Money-Laundering Schemes: Medicaid Financing Gimmicks 101

      June 27, 2025
    • Top moments from the Trump-Biden debate that changed the course of the 2024 election

      June 27, 2025
    • Trump exerted ‘maximum pressure’ on Iran and Israel to ‘deliver peace’: Leavitt

      June 27, 2025

    Categories

    • Business (8,329)
    • Investing (2,077)
    • Politics (15,831)
    • Stocks (3,173)
    • About us
    • Privacy Policy
    • Terms & Conditions

    Disclaimer: futureretirementsuccess.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2025 futureretirementsuccess.com | All Rights Reserved