Legal experts respond to Newsom modeling assault weapon law on Texas abortion bill

Legal experts respond to Newsom modeling assault weapon law on Texas abortion bill

SANTA CLARA, CA – OCTOBER 15: Santa Clara University alumnus and California Governor Gavin Newsom speaks at a ribbon-cutting ceremony for SCU’s state-of-the-art John A. and Susan Sobrato Campus for Discovery and Innovation in Santa Clara, Calif., on Friday, October 15, 2021. (Dylan Bouscher/Bay Area News Group) Gov. Gavin Newsom announced plans late Saturday to create a new California assault weapons ban that would be insulated from many types of legal challenge, using as a model a controversial Texas abortion law the U.S. Supreme Court let stand last week. And constitutional scholars said Sunday that Newsom’s approach may well be sound. Newsom is seeking to incorporate an innovative legal mechanism adopted by conservative Texas state leaders, who imposed abortion restrictions enforced not by government but by private citizens. Under the law, citizens can file civil suits against doctors and clinics who perform abortions — and because state regulators are not involved in the enforcement process, abortion defenders are limited in their ability to sue the state to challenge it. The Supreme Court, with a 5-4 decision Friday, let the Texas approach stand, at least for now. It did so even though, under Roe v. Wade, legal abortion remains the law of the land. “I am outraged by yesterday’s U.S. 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 Saturday night tweet. “But if […]

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