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CA: Newsom Threatens to Use TX Abortion Law Template Against 2A
AmmoLand ^ | December 17, 2021 | Dean Weingarten

Posted on 12/21/2021 4:53:05 AM PST by marktwain

On November 1, 2021, the Supreme Court of the United States (SCOTUS), in an unusual move, granted certiorari (agreed to hear the arguments) before judgment in a case challenging the new Texas abortion law, known as S.B. 8.  On December 10, extremely fast for SCOTUS, they delivered an opinion.

The Court granted certiorari before judgment in this case to determine whether, under our precedents, certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute. We conclude that such an action is permissible against some of the named defendants but not others.

In the opinion, SCOTUS said neither the Constitutionality of the Texas law nor the wisdom of the law as a matter of public policy, is under review of the court. In a mild rebuke to Justice Sotomayor, the opinion reminds her the abortion law does not deserve special treatment above that for named fundamental, Constitutional rights.

The Court has consistently applied these requirements whether the challenged law in question is said to chill the free exercise of religion, the freedom of speech, the right to bear arms, or any other right. The petitioners are not entitled to a special exemption.

It is clear the Texas enforcement mechanism used to prevent abortions after a fetal heartbeat is detected is new and unusual. It is clear the law will come before SCOTUS. It is not clear what the outcome will be. From this opinion, it seems obvious four justices, Roberts, Breyer, Sotomayor, and Kagan, will go to great lengths to uphold abortion as a Constitutional right.

Governor Newsom of California has used the controversy as a platform to threaten Second Amendment rights.

From abc7news.com:

SAN FRANCISCO (KGO) — Governor Newsom explained why he’s pushing for a new “gun control measure” in California Sunday, inspired by Texas’ latest abortion law.


(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: California
KEYWORDS: abortion; banglist; ca; constitution
Governor Newsom is grabbing headlines.
1 posted on 12/21/2021 4:53:05 AM PST by marktwain
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To: marktwain

I didn’t know there were any guns left in crazyfornia


2 posted on 12/21/2021 4:57:31 AM PST by V_TWIN (America...so great even the people that hate it refuse to leave)
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To: marktwain

When will California wake up?


3 posted on 12/21/2021 4:58:05 AM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: marktwain

Which constitutional amendment states “the right to an abortion shall not be infringed upon”?


4 posted on 12/21/2021 4:58:14 AM PST by stuckinloozeeana
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To: marktwain

The difference is that the 2A is an amendment- constitutionally protected rights. Abortion IS murder. End result is that he and California can model their law after Texas murder law all they want but it doesn’t change the fact that California’s law will be declared unconstitutional and thrown out.


5 posted on 12/21/2021 5:02:10 AM PST by NicoDon
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To: marktwain

Just what his besieged constituents want to hear.


6 posted on 12/21/2021 5:03:00 AM PST by GingisK
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To: V_TWIN

I’m sure they’re plenty.


7 posted on 12/21/2021 5:03:29 AM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you. )
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To: marktwain
Regardless of whether he thinks the USSC opinion on abortion rights under Roe v Wade is applicable for gun rights, THERE IS NO EXISTING CONTROLLING Constitutional Amendment for it as with gun rights.
8 posted on 12/21/2021 5:04:42 AM PST by Gaffer
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To: ptsal

All those who woke up have left or are planning to leave. What that leaves is not worth worrying about.


9 posted on 12/21/2021 5:05:05 AM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you. )
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To: marktwain

Great move in an upcoming election year.


10 posted on 12/21/2021 5:05:35 AM PST by Caipirabob (Communists...Socialists...Fascists & AntiFa...Democrats...Traitors... Who can tell the difference?)
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To: Gaffer

Bingo.


11 posted on 12/21/2021 5:05:43 AM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you. )
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To: marktwain

...as in, “the right of the people to murder children shall not be infringed”...?


12 posted on 12/21/2021 5:15:14 AM PST by T.B. Yoits
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To: Vaquero

I hear ‘ya. When I crossed the bridge at Blythe, I never looked back. Had a great offer and a 30-day close.


13 posted on 12/21/2021 5:27:49 AM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: marktwain

Even if Newsom passes his law, any lawsuits filed against gun owners should meet the same fate as any lawsuits filed under the Texas law should - dismissed due to lack of standing to sue.


14 posted on 12/21/2021 5:38:51 AM PST by DoodleDawg
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To: marktwain

There’s no reason to live in California.


15 posted on 12/21/2021 5:45:49 AM PST by From The Deer Stand
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To: marktwain

bookmark


16 posted on 12/21/2021 5:49:51 AM PST by GOP Poet (Super cool you can change your tag line EVERYTIME you post!! :D. (Small things make me happy))
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To: ptsal

When will California wake up?

_______________________________

What do you mean? California is ground zero for “wokeness”. Can’t get any more woke than it is now.


17 posted on 12/21/2021 6:16:34 AM PST by Qui is (Biden spews and Harris swallows. )
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To: DoodleDawg

lawsuits filed against gun owners
= = =

Who owns the CHP’s guns?

And the Sherrifs’ guns?

And local PD’s guns?

And the National Guard’s guns?


18 posted on 12/21/2021 9:29:32 AM PST by Scrambler Bob (My /s is more true than your /science (or you might mean /seance))
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To: ptsal

I busted out at Yuma,
Dreamed I was in a Prison
Escape movie.


19 posted on 12/21/2021 7:38:15 PM PST by Big Red Badger (Make His Paths Straight!)
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