Democrats just set up this huge showdown with Clarence Thomas
Democrats were itching for this fight.
Now they got it.
And Democrats just set up this huge showdown with Clarence Thomas.
For years, Clarence Thomas complained that the Supreme Court treated the Second Amendment as a second class right.
That changed last year when the Supreme Court ruled that gun control laws must line up with the history and tradition of America protecting Second Amendment rights.
California Democrat Governor Gavin Newsom used the Supreme Court’s ruling on the Second Amendment to lay the groundwork for another big fight on abortion.
And now Newsom may get his wish.
California U.S. District Court Judge Roger Benitez threw out a state law modeled after a Texas abortion law that would allow Californians to file lawsuits against gun manufacturers over deaths from so-called “assault rifles.”
Judge Benitez slammed the Texas and California laws as “unconstitutional” and an “abomination.”
“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,” Judge Benitez wrote.
The Supreme Court previously allowed the Texas law – which gave private citizens the right to file lawsuits for up to $10,000 against abortion providers and doctors who performed abortions after six weeks – to go into effect.
Although Judge Benitez complained about the Texas law being unconstitutional, she said it was not the matter before the Court.
“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.”
After the ruling, Governor Newsom thanked Judge Benitez for striking down the California gun control law, saying it would help set up a Supreme Court fight to overturn the Texas abortion law.
“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 added. “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.”
Patriot Pulse will keep you up-to-date on any new developments in this ongoing story.