California keeps a key gun restriction — for now

From: POLITICO California Playbook - Wednesday Dec 01,2021 02:13 pm

Dec 01, 2021

By Jeremy B. White, Isabella Bloom and Graph Massara

Presented by Our Health California

THE BUZZ — AIMING FOR THE HIGH COURT: California’s zest for gun control could produce a landmark national decision — and California Democrats may not like the outcome.

Gun safety advocates had reason to celebrate Tuesday after the 9th Circuit upheld California’s ban on large-capacity magazines. That ruling reversed the initial judgment of U.S. District Court Judge Roger Benitez, a Bush appointee who subsequently ensured the enmity of gun control advocates with a now-notorious ruling that struck down California’s assault weapons ban and compared AR-15s to Swiss Army Knives. Gov. Gavin Newsom offered a blistering response to that ruling, condemning Benitez as a “wholly-owned subsidiary of the gun lobby and the National Rifle Association.”

California’s electorate largely shares Newsom’s animosity toward the NRA and his appetite for stricter gun laws. After the Democrat-dominated Legislature passed the 2016 law restricting magazines, voters bolstered the cause by passing the Newsom-championed Proposition 63 by an overwhelming, nearly 30-point margin. On Tuesday, the L.A. City Council voted unanimously to ban untraceable “ghost guns,” and outgoing Rep. Jackie Speier (D-Calif.) responded to a school shooting in Michigan by tweeting that “NRA blood money controls the GOP.”

But the high-capacity magazine debate could ultimately be out of California’s hands. By Tuesday’s decision, the case had taken on a national dimension, as partisans lined up to back or fight the lower court’s ruling. City attorneys representing California’s major urban centers, who filed in support of California’s challenge, drew the support of national gun control advocates and attorneys general from other blue states. On the other side stood the aforementioned NRA and AGs from conservative states.

The plaintiffs have vowed to appeal. The case could end up before the federal Supreme Court; conservative justices now wield a 6-3 majority there. Dissenting Trump-appointed appeals court justices applied a national frame Tuesday by arguing the high court’s prior Heller ruling renders magazine bans unconstitutional, and warned that applying California’s law across America would “require confiscating half of all existing firearms magazines in this country.”

Meanwhile, California is still defending the assault weapons ban that Benitez so colorfully struck down. That appeal is still winding its way through the system, without a date yet set for the next phase. Bigger picture: Gun restrictions may easily secure legislative and voter support, at least in California. But their legal statuses are very much under dispute.

BUENOS DÍAS, good Wednesday morning. Speaking of hugely consequential SCOTUS cases, the justices are scheduled to hear oral arguments today in a major abortion rights case. California Attorney General Rob Bonta: “The stakes are high, but what we ask is simple: The Supreme Court should not overturn the precedent established in Roe v. Wade, and should instead preserve the right to choose.”

Got a tip or story idea for California Playbook? Hit jwhite@politico.com or follow me on Twitter @jeremybwhite.

QUOTE OF THE DAY: “I couldn't say it more strongly: The way we handled the Wall Street Journal process was a disaster. We totally messed it up.” Theranos founder Elizabeth Holmes, on the stand during her trial, on how her company responded to watchdog reporting — including Holmes personally reaching out to Rupert Murdoch.

TWEET OF THE DAY: San Francisco D.A. @chesaboudin responds to a Trump statement blasting S.F. smash-and-grab robberies: “Donald Trump's approach to criminal justice has proven to be unjust, corrupt, and ineffective. The instigator of the Capitol smash and grab should stay out of SF politics.”

WHERE’S GAVIN? Nothing official announced.

A message from Our Health California:

Every person deserves access to high-quality, affordable health care when they need it.

Our Health California, a grassroots advocacy community with more than 1 million supporters, is dedicated to advancing access to health care in every corner of our state. We speak out to build healthier communities and ensure equitable care for all.

Our Health California is sponsored by hospitals, health systems, and the California Hospital Association. Learn more.

TOP TALKERS

ROE REACTIONS — “California Prepares for Potentially Massive Surge in Out-of-State Abortion Patients,” by KQED’s Katie Orr: “In the event the court does overturn Roe — giving states the option to ban abortions, as many states would likely do — abortion providers and advocates in California, an abortion rights stronghold, say they expect a surge in out-of-state patients seeking the procedure.”

SPIRITUALIST SCAM — “Psychics and astrologers are huge on Instagram. Now scammers are impersonating them,” by the LA Times’ Deborah Netburn: “Psychics, tarot readers, astrologers and other metaphysical practitioners say that in the past few months they’ve experienced a deluge of scammers who clone their accounts and use their likeness to solicit payments from their followers for faux readings. While some white spiritualists are getting scammed, the problem seems to be worst among Black and brown practitioners, they said.”

SPOTTED — “ S.F. Mayor Breed appears maskless in another nightclub video. She says she didn’t violate COVID rules,” by the SF Chronicle’s Aidin Vaziri: “It reignited the debate over whether the mayor is following city health guidelines that she is asking residents and businesses to obey.”

MOST FOWL — “Roaming peacocks plague California city: ‘They’re a nuisance, but they’re beautiful, ’” by the Guardian’s Nick Robins-Early: “Dozens of feral peacocks and peahens are roaming the streets and leaping from the rooftops of Tracy, California. They claw at shingles and defecate on porches. Their calls, especially in mating season, echo through the community. They have no fear of pets nor people.”

CAMPAIGN MODE

FIRST IN PLAYBOOK — IN CONTROL: Republican state controller candidate Lanhee Chen is rolling out endorsements today from most of the Legislature’s GOP caucus. That includes Senate Republican leader Scott Wilk and Assembly Republican leader Marie Waldron.

MUSICAL CHAIRS: Los Angeles Community College District Trustee Mike Fong is officially running to fill the seat Assemblyman Ed Chau is vacating after snagging a judgeship. Fong has said for months he’d jump in if Chau left, and he launched with endorsements in hand from statewide officials, members of Congress and numerous state lawmakers, including Assembly Speaker Anthony Rendon.

ROCK ON: Venture capitalist and school reformer Arthur Rock is continuing to spread money around education-related causes, dropping $350,000 to support recalling three San Francisco school board officials. Rock spent $800,000 last week to help qualify a ballot initiative enshrining a constitutional right to a quality public education.

OP-ED — “Redistricting is threatening to tear apart San Francisco’s AAPI community,” by Chinese American Voters Education Committee’s David Lee and Joshua Jue for the SF Chronicle: “San Francisco is a city renowned for its cultural and racial diversity. But if the draft redistricting maps for the state Legislature under consideration are approved, the city’s Assembly seats could become far less representative of that diversity — and undo decades of political organizing, especially within the Asian American and Pacific Islander community.”

BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we’ve got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don’t miss out on this influential global community. Subscribe now.

CALIFORNIA AND THE CAPITOL CORRIDOR

— “Omicron Variant: Some Bay Area Businesses Implementing Stricter Rules,” by NBC Bay Area’s Ginger Conejero-Saab.

— “ Some California cities try to blunt new duplex law with restrictions on new developments,” by the LA Times’ Liam Dillon: “With California on the verge of allowing multi-unit housing in neighborhoods previously reserved for single-family homes, some cities are rushing to pass restrictions on the new developments. Senate Bill 9, which takes effect Jan. 1, requires communities across California to allow duplexes, and in some cases four units, in most single-family home neighborhoods.”

HUIZAR’S HELP — “Friends with Benefits: Emails Show How Jose Huizar Used His Power to Help Developers Beat the System,” by L.A. TACO’s Lexis Olivier-Ray: “At one point in time, it paid to be friends with Jose Huizar. The Mexican-born, Boyle Heights-bred representative was a LAUSD board member before being elected to the city council and eventually headed the powerful Planning and Land Use Management (PLUM) committee, which has a say in all construction projects city-wide. He was not only powerful. He used his power to benefit his friends.”

CRIME RESPONSES — “ Chesa Boudin is pursuing looting charges against Union Square theft suspects. It’s a legal gamble,” by the SF Chronicle’s Alexei Koseff: “San Francisco District Attorney Chesa Boudin’s decision last week to pursue felony looting charges for a recent wave of organized retail theft across the city is a legal gamble that may require his office to prove the crimes were the result of the coronavirus pandemic.

— “ Oakland police chief vows arrests after string of slayings, robberies,” by the SF Chronicle’s Michael Cabanatuan.

MOLLUSK MYSTERY — “Pismo Beach was once the clam capital of the world. Then the clams disappeared,” by the LA Times’ Sean Greene: “Though the clams survived elsewhere, in Pismo Beach they had all but disappeared. During “clam digs” staged for children at recent festivals, kids unearthed plastic shells buried by the organizers because the real ones were too precious to disturb. Which is why scientists are trying to answer a perplexing question: What happened to the Pismo clam?”

FALLING FIREFIGHTER FORCE — “Rural fire departments are turning down neighbors’ calls for help. Here’s why ,” by the SF Chronicle’s Caroline Ghisolfi: “In rural towns and counties across Northern California this past year, many fire departments were forced to stand by and watch as wildfires burned more than a million acres of land in neighboring communities. With no firefighters to spare, fire chiefs were forced to turn down urgent requests for help.”

— "'We're one cigarette away': Illegal marijuana farms pose wildfire risk in California's parched national forests ," by NBC News' Adiel Kaplan, Kenzi Abou-Sabe and Cynthia McFadden: "Every time traffickers start a grow on California’s drought-stricken federal forests, they put millions of people at risk. They use scarce water and sometimes set bone-dry woodlands ablaze. At least 13 wildfires in the past dozen years have been linked to grows. The Forest Service has long struggled to keep up — the agency has roughly one law enforcement officer for every 300,000 acres of forest — but since the pandemic started, it’s gotten even harder."

‘TOXIC TIDES’ — “More than 400 toxic sites in California are at risk of flooding from sea level rise,” by the LA Times’ Rosanna Xia: “These predominately Black and brown communities, in fact, are five times more likely than the general population to live within half a mile of a toxic site that could flood by 2050, according to a new statewide mapping project led by environmental health professors at UC Berkeley and UCLA. All told, the ocean could inundate more than 400 hazardous facilities by the end of the century — exposing nearby residents to dangerous chemicals and polluted water.”

TELEWORK TRANSITIONS — " Employee surveillance is booming. How is California government monitoring state workers?" by The Sac Bee's Wes Venteicher: "The pandemic-induced transition to telework ushered in the biggest change to California state employment in decades, where a “butts in seats” office culture long prevailed. Now the future of remote state work is taking shape as departments hammer out permanent policies and Gov. Gavin Newsom’s administration negotiates agreements with unions."

A message from Our Health California:

SILICON VALLEYLAND

— “Judge orders Google to hand over anti-union strategy documents in retaliation hearing,” by the LA Times’ Sam Dean: “Google will have to turn over documents outlining its anti-union strategy in response to a National Labor Relations Board complaint against the online search giant, according to an order issued Friday… At stake is a weighty question for American workers in the tech sector and beyond: Do workers have the right to protest at work?”

— “Salesforce promotes Bret Taylor to co-CEO alongside Benioff,” by CNBC’s Jordan Novet: “Taylor has been a prominent voice on earnings calls and played a key role in Salesforce’s Slack acquisition.”

DIGITAL REAL ESTATE — “Metaverse Real Estate Piles Up Record Sales in Sandbox and Other Virtual Realms,” by The Wall Street Journal’s Konrad Putzier: “The latest hot real-estate market isn’t on the scenic coasts or in balmy Sunbelt cities. It’s in the metaverse, where gamers are flocking and digital property sales are setting new records. A growing number of investment firms are acquiring digital land in worlds such as the Sandbox and Decentraland, where players simulate real-life pursuits, from shopping to attending a concert.”

BIG CHANGE — “Twitter Bans Sharing of Private People’s Photos, Videos Without Consent ,” by WSJ’s Allison Prang and Deepa Seetharaman.

HOLLYWOODLAND

— “Home of Marilyn Manson searched in sex assault investigation,” by the AP’s Andrew Dalton.

MIXTAPE

DEEP DIVE — “Meet the California PR Firm Helping Cops Fight Off Bad Press,” by Scott Morris for The Appeal.

— “ Former Investigator Sues SF District Attorney's Office, Alleging ‘Improper and Unlawful' Conduct,” by NBC Bay Area’s Jaxon Van Derbeken.

— “The world’s largest galaxy of ‘Star Wars’ relics is in a Petaluma museum. Here’s what’s inside,” by the SF Chronicle’s Chase DiFeliciantonio.

SAVE THE BEES — “UC Davis study shows pesticide can harm generations of bees. Here’s what you can do,” by The Sac Bee’s Hanh Truong.

— “Woman pulled from waters near S.F. Ferry Building declared dead ,” by the SF Chronicle’s Jessica Flores.

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

TRANSITIONS

— Susan Epstein has joined Meta as associate general counsel for civil rights in technology.

— Tejasi Thatte has joined NBCUniversal’s federal government affairs team. She was previously chief of staff to Rep. Tony Cárdenas.

A message from Our Health California:

Access to quality health care is a right and not a privilege for some – a service for all.

Our Health California, a grassroots advocacy community of more than 1 million people, is dedicated to building a healthier society. We champion equitable access to affordable, high-quality health care because every Californian deserves to get the care they need, when they need it.

Our Health California connects health care supporters and patients to their state and federal lawmakers. Working together, as one powerful voice, we advance care in every community – including health to behavioral health – because patients across the Golden State deserve access to greater control of their health and their future.

Our work is supported by our state's hospitals, health systems, and the California Hospital Association.

Visit ourhealthcalifornia.org to learn more about issues Our Health California supports.

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