California's Legal Attack on Firearms Rights Lawsuits Is Struck Down
The law would have made those challenging firearms laws pay for the lawsuits, preventing free access to the courts.
Per Judge Benitez (S.D. Cal):
"'It is cynical.' 'It is an abomination.' 'It is outrageous and objectionable.' 'There is no dispute that it raises serious constitutional questions.' 'It is an unprecedented attempt to thwart judicial review.' Such are the Intervenor-Defendant Governor's expressed views regarding the fee-shifting provisions of a Texas law (S.B. 8) and, at least by implication, of California's § 1021.11. It is 'blatantly unconstitutional,' says Defendant Attorney General Rob Bonta. {To his credit, given the obvious, the Attorney General has refused to defend § 1021.11.} For the reasons that follow, as they may apply to S.B. 8, but apply clearly to § 1021.11, § 1021.11 is declared unconstitutional. Therefore, Defendants are permanently enjoined throughout the state from enforcing or taking any action to seek attorney's fees and costs pursuant to § 1021.11."
Decision HERE:
Another win for Californians, courtesy of the Second Amendment Foundation.
Another win for Californians, courtesy of the Second Amendment Foundation.