“The Supremes will have a field day with this.”
How? California is using USSC precedence they worded their law identically to what the USSC just upheld in Whole Women’s Health v. Jackson.
Here read the actual decision.
https://www.supremecourt.gov/opinions/21pdf/21-463_3ebh.pdf
The USSC has yet to strike down California’s assault weapons law so as long as that stands California is using their own wordings against them. They said they would do this as soon as Texas’s law was upheld it’s not a bad strategy it could force them to review Whole Women’s Health v. Jackson or let California’s law stand.
Except there is no explicit right to “keep and bear abortions” in the Constitution. The second amendment would invalidate the “logic” that CA is using.
Might a SCOTUS decision which rejects “penumbras and emanations” as a basis for adjudication be different from one which involves a specifically identified Constitutional protection against government over-reach against the arms bearing citizens?
The problem for them is the right to keep and bear arms is part of the Constitution. We ALL can claim that right.
Abortion, on the other hand, is NOT a Constitutional right directly expressed anywhere in that document.