Judging Freedom - California plans to copy Texas abortion tactics for gun control

Episode Date: December 14, 2021

Judge Napolitano breaks down how California Governor Gavin Newsom aims to copy the Texas abortion tactics to bring about more gun control, and he details why the Governor's plans won't work. #California #GunControl #Constitution See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Save $80 with code SPACE80 at Talkspace.com. hello my friends judge napolitano here with what's on my mind what's on my mind today is gavin newsom the crazy nutty governor of california who thinks he can use the texas model on abortion to restrict gun rights in California. What does abortion in Texas have to do with guns in California? An interesting question. I'll do my best to unpack it for you right now. Texas enacted legislation, as you may know, I've spoken about this a number of times, which prohibits abortions after the sixth week of pregnancy, as soon as the fetal heartbeat is detected. That has been appealed to the Supreme Court, and the Supreme Court is allowing challenges to it,

but is keeping the legislation in place during the time of the challenge. Now, that legislation is directly at odds with two Supreme Court opinions, Roe v. Wade and Planned Parenthood versus Casey. Both of those opinions say the states cannot interfere with abortions until after 23 or 24 weeks of pregnancy. So the Texas legislature, signed by the governor, has an enacted legislation signed by Governor Abbott, which effectively nullifies two Supreme Court opinions on abortion. Now we go to California, where California prohibits what it calls assault rifles. They are basically weapons. It's not a machine gun.

It's one around as it is emitted per trigger pull. They look like machine guns, but they're not machine guns. And the federal court in California has found that legislation unconstitutional. So at the present time, you can buy and you can own these rifles. They're actually very high poweredpowered but extremely accurate rifles. The governor of California doesn't like this federal decision, so he's going to enact legislation which will allow individual Californians to sue the manufacturers of these weapons and claim that somehow the manufacturer caused the weapons to kill somebody if the weapons are used in a crime.

This is modeled on the Texas legislation, which is not enforced by the state, but is enforced by private people suing abortion providers when they perform an abortion. Gavin Newsom says abortion under the federal courts is lawful up to 23 weeks. Under Texas law, it's lawful only up to six weeks, and it's enforced by private litigation. AR-15s are unlawful under California law. A federal judge says the law is unconstitutional. We're going to enforce the state law by having private litigation. This is apples and oranges. Why is that? Because abortion is not guaranteed in the Constitution. The Constitution is utterly silent on abortion. The Supreme Court made up the abortion rules out of thin air. But the right to keep and bear arms is right in the Constitution. It's in the Second Amendment.

And that's why a federal judge in California has invalidated the efforts of the state of California to interfere with this right. I like the idea of nullification of a state legislature saying to the almighty federal government, what you're doing is wrong and not authorized by the Constitution, and we're not going to follow it in our state. And the state should be able to do that, but not with respect to rights that are expressly guaranteed in the Constitution. That behavior, what Governor Newsom wants, will be found unconstitutional and struck down by the first judge that looks at it. Judge Lampolitano with What's On My Mind.