Posted on 12/20/2022 9:53:15 AM PST by Right Wing Vegan
This week, Firearms Policy Coalition (FPC) and the Second Amendment Foundation announced that United States District Judge Roger Benitez has issued an order enjoining the fee-shifting provision in California SB 1327, which was enacted as retribution for Texas’s SB 8 abortion law in order to suppress legitimate challenges to firearms regulations. The opinion in Miller v. Bonta (Miller II) can be viewed at FPCLegal.org.
“When a § 1983 plaintiff needs representation, § 1021.11(a) makes any attorney understandably reluctant, if not terrified,” wrote Judge Benitez in his opinion. “The provisions of § 1021.11(a) would expose the attorney to the risk of joint and several liability for the government’s fees. And unlike typical fee-shifting provisions, the risk would extend for three years after the conclusion of appellate review of the original litigation, as opposed to being part of the judgment in the original litigation. California’s § 1021.11 system of litigation rewards and punishments is completely contrary to that which was intended by Congress as expressed in § 1988.”
“This Court concludes that the purpose and effect of § 1021.11 is to trench on a citizen’s right of access to the courts and to discourage the peaceful vindication of an enumerated constitutional right,” he went on to write. “Because the state fee-shifting statute undermines a citizen’s constitutional rights, it is this Court’s role to declare its invalidity and enjoin its threat.”
“The enactment of SB 1327 was intended to do only one thing: chill the rights of the people and dissuade them from pursuing justice from tyranny.”said Bill Sack, FPC Director of Legal Operations. “The Court made it clear today that cynical political grandstanding will not be tolerated when it infringes on the rights of the people.”
(Excerpt) Read more at ammoland.com ...
Which in a perverted way is exactly what Governor Newsom wanted to happen.
Texas passed a similar law regarding challenging abortion laws in court, so Newsom and the California legislature did the same regarding challenging Second Amendment laws.
Difference is that the Second Amendment is an enumerated Constitutional right, whereas abortion is not a Constitutional right.
The Bill of Rights is hanging by a thread of a handful of judges in this country.
Sadly Newsom can’t seem to rest unless he has pushed for death for the little ones some way.
The loser in a lawsuit paying legal expenses between private parties sometimes happens.
The problem with private citizens being liable for expenses when suing the Gov’t is obvious. The Gov’t has unlimited taxpayer funding and can drag lawsuits out for years. A private citizen and their attorneys could be on the hook for millions.
"Federal Judge Blocks California’s Discriminatory Firearm Lawsuit Fee-Shifting Regime"
If it weren't for the upcoming, alleged rigged election, gridlocked federal Congress, we might see a 14th Amendment-based law that discourages state lawmakers and executives from making laws that abridge constitutionally enumerated protections, 2nd Amendment (2A) protections in this example.
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
In fact, the congressional record shows that when Rep. John Bingham, the main author of Section 1, read the Bill of Rights as main examples of constitutionally enumerated protections and immunities that 14A applies to the states, he included 2A.
“See 2nd Amendment (Article II) about middle of 2nd column.” — John Bingham, Appendix to the Congressional Globe
In the meanwhile, can somebody please remind me why we have corrupt, constitutionally undefined political parties in the first place?
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