California and Texas’ shared fates

From: POLITICO California Playbook - Tuesday Dec 20,2022 02:26 pm

Dec 20, 2022

By Jeremy B. White, Lara Korte and Owen Tucker-Smith

THE BUZZ: California gun control and Texas abortion restrictions are inextricably intertwined. Just ask the governor and the judge.

As expected, a court halted California’s law allowing private citizens to sue illegal gun manufacturers. The outcome is expected because a court fight was Gov. Gavin Newsom’s explicit goal when he called for the bill in response to Texas’ abortion bounty law. After the Supreme Court let the Texas measure stand, Newsom effectively dared the justices to scrutinize California’s law. “The question is whether they are complete and abject hypocrites and frauds,” Newsom declaimed.

The connection was not lost on U.S. District Court Judge Roger Benitez, who quoted Newsom’s condemnations of the Texas law in his ruling yesterday (“outrageous,” “cynical,” and “raises serious constitutional questions” among them). If all that is true of Texas’s deputizing private citizens penalize abortion providers, Benitez wrote, then “by implication” it is also true of California letting people sue gun purveyors.

Newsom cheerfully concurred. “I want to thank Judge Benitez,” the governor said of a jurist whom Newsom once excoriated as a “wholly-owned subsidiary of the gun lobby and the National Rifle Association” for comparing AR-15’s to Swiss Army knives. Benitez’s ruling, Newsom argued, meant Texas’s unconstitutional law should also fall.

Mutually assured destruction could be the outcome here. While Benitez argued in his ruling that California’s law reaches further than Texas’s, he allowed that “whether these distinctions are enough to save the Texas” law “remains to be seen.” That determination looks like it will ultimately emanate from the U.S. Supreme Court.

Gavin Newsom speaks to reporters in front of large images of guns.

Gavin Newsom speaks to reporters at Del Mar Fairgrounds on Feb. 18, 2022, in Del Mar, Calif. | Nelvin C. Cepeda/The San Diego Union-Tribune via AP Photo

But Newsom may be left ruing what he wished for. The conservative-dominated court’s expansive interpretation of the Second Amendment has already nullified California’s stringent concealed carry permitting rules, and it’s not difficult to imagine a majority determining California’s law fundamentally violates constitutional rights in a way the Texas statute does not. That could be part of a broader evisceration of California laws, like the assault weapons ban and ammunition restrictions, that are already embarked on legal odysseys.

However it shakes out, we’re not just seeing Newsom use his Lone Star foil to make rhetorical points. California and Texas have embraced divergent policy visions on a range of matters, and few issues illustrate the depth of America’s political divides like guns and abortions. We are headed toward a new framework for what laws states may pass to address them — with Newsom’s help.

BUENOS DÍAS, good Tuesday morning. We’re still waiting on Twitter CEO Elon Musk’s next move since he lost a Twitter poll about who should lead the company, having vowed to abide by the results.

QUOTE OF THE DAY: “Throughout the trial, Weinstein’s lawyers used sexism, misogyny, and bullying tactics to intimidate, demean, and ridicule us survivors. This trial was a stark reminder that we as a society have work to do.” First Partner Jennifer Siebel Newsom after a jury deadlocked on her assertion that Harvey Weinstein had sexually assaulted her — while convicting on other counts — following a trial in which Weinstein’s lawyers called her a “bimbo” engaging in “transactional” behavior.

TWEET OF THE DAY:

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WHERE’S GAVIN? Nothing official announced.

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Top Talkers

SHOT — Jan. 6 committee formally accuses Donald Trump of four crimes, by POLITICO’s Kyle Cheney and Nicholas Wu: The panel contended that its evidence proved Trump provided “aid and comfort” to a mob that was ransacking the Capitol in service of his attempts to reverse his loss in 2020. It also said Trump could be charged with obstructing Congress’ Jan. 6 joint session, conspiracy to make false statements to the National Archives and conspiracy to defraud the United States.

CHASERS — Jan. 6 panel refers McCarthy, three other Republicans for ethics violations, by POLITICO’s Nicholas Wu and Kyle Cheney: The Jan. 6 select committee said on Monday that four House Republicans, including Minority Leader Kevin McCarthy, violated congressional ethics rules by defying subpoenas for testimony and documents.

— “Why the Jan. 6 Committee handed out a criminal referral to a former California law professor,” by the Los Angeles Times’ Freddy Brewster: “The committee recommended that Trump and [John] Eastman should face federal criminal charges for obstruction of an official proceeding and conspiracy to defraud the United States.

— “What Kevin McCarthy Will Do to Gain Power,” by the New Yorker's Jonathan Blitzer: “For the past two years, his colleagues had been calling McCarthy the ‘Speaker-in-waiting.’ ‘Nobody knows the inside game better,’ Paul Ryan, the previous Republican Speaker, has said. When Kevin Spacey was preparing for the role of Frank Underwood, the Machiavellian schemer on the Netflix show ‘House of Cards,’ he shadowed McCarthy.”

CALIFORNIA AND THE CAPITOL CORRIDOR

ANOTHER TRIP: Sen. Scott Wiener has reintroduced legislation to decriminalize psychedelics, arguing the excessively penalized substances can help treat afflictions like post-traumatic stress disorder. Wiener had a similar bill last session that advanced out of the Senate before getting gutted in Assembly Appropriations.

GOALS UNMET — “How San Francisco fell behind on housing its homeless population,” by the Los Angeles Times’ Anumita Kaur: “Despite the efforts of its local housing agency and city government, though, San Francisco has fallen behind. Voucher recipients like [Reyna] De La Cruz find themselves lost in the rental market maze, clutching their golden ticket to a home, but with little guidance on how to reach the prize.”

CRAFTING A CAUCUS — “Californians just elected 4 Hispanic GOP state lawmakers. They’re barred from the Latino Caucus,” by the Sacramento Bee’s Mathew Miranda: “Democratic lawmakers created the caucus 50 years ago and excluded Republicans from the beginning. It is one of two ethnic caucuses in the California Legislature that prevent GOP members from joining, and the policy has been a point of contention from time to time when multiple Hispanic Republicans win state office.”

— “Which Inland Empire cities have the most warehouses?” by the Press-Enterprise’s Jeff Horseman: “A new online map shows which Inland locales have the biggest logistics footprints. The map, compiled by a Riverside environmental consultant as part of a collaboration with Susan Phillips, a professor of environmental analysis at Pitzer College’s Robert Redford Conservancy for Southern California Sustainability, ranks Inland communities by how heavily they’re inundated with warehouses.”

GRIM STAT — “Scandal-plagued L.A. City Council deeply unpopular; voters have faith in Bass, poll finds,” by the Los Angeles Times’ Benjamin Oreskes: “The poll found that the 15-member City Council is deeply unpopular after several years of scandals, indictments, trials and, this fall, the release of a recording of three council members making racist comments in a private meeting.”

— “As Climate Changes Makes Desert Water Scarce, the Debate over Livestock vs. Wildlife Heats Up,” by Civil Eats’ Leorah Gavidor: “Like anything water-related in California, however, this wildlife-friendly water catchment system is controversial. When it comes to negotiating water rights, wildlife does not have a seat at the table.”

TAKE 2 — “California Democrats bring back concealed carry bill in renewed push for gun safety,” by the Sacramento Bee’s Lindsey Holden: “A California lawmaker will make another attempt to shore up the state’s concealed carry gun laws following a U.S. Supreme Court decision that struck down key provisions. Sen. Anthony Portantino, D-Burbank, introduced his bill on Dec. 5, the first day of the new legislative session, after his last concealed carry measure narrowly failed in the Assembly during the final hours of the last lawmaking term.”

— “Sacramento’s latest homeless plan: Help people directly at encampments,” by CapRadio’s Chris Nichols: “The five-year, legally binding deal calls for the agencies to bring services directly to unhoused residents living in camps within city limits. Volunteer and nonprofit groups have long taken this approach, though direct outreach by government agencies has been limited — and in many cases in the past these encampments have been ‘cleared’ or moved.”

COVID WOES — “Pandemic catch up: What will it take for left-behind students to learn to read?” by CalMatters’ Joe Hong: “Across California, teachers like Grago are struggling to get their students back on track after they missed large chunks of reading instruction in third grade — a pivotal year for literacy, when students transition from ‘learning to read’ to ‘reading to learn.’ Reading at grade level by third grade ensures they can understand their science and history textbooks in later grades.”

A NEW POLITICO PODCAST: POLITICO Tech is an authoritative insider briefing on the politics and policy of technology. From crypto and the metaverse to cybersecurity and AI, we explore the who, what and how of policy shaping future industries. We’re kicking off with a series exploring darknet marketplaces, the virtual platforms that enable actors from all corners of the online world to traffic illicit goods. As malware and cybercrime attacks become increasingly frequent, regulators and law enforcement agencies work different angles to shut these platforms down, but new, often more unassailable marketplaces pop up. SUBSCRIBE AND START LISTENING TODAY.

BIDEN, HARRIS AND THE HILL

THE RECEIPTS — The Jan. 6 committee’s big reveal hasn’t happened yet, by POLITICO’s Kyle Cheney and Nicholas Wu: The Jan. 6 select committee’s last — and most important — act won’t happen in a hearing room. It will come when one of the panel’s last, beleaguered staffers hits the “publish” button on its collection of evidence compiled over 18 months of investigation, material that still remains almost entirely secret.

GAMEPLAY — “Kevin McCarthy goes on offense in speaker battle,” by Axios’ Mike Allen, Andrew Solender and Alayna Treene: “House Republican Leader Kevin McCarthy is pivoting to more aggressive tactics to buoy his bid for speaker — beginning with 54 defiant "Kevin Only" statements of unqualified support, provided first to Axios.”

SILICON VALLEYLAND

MUSK MATTERS — “Tesla Illegally Fired Workers for Criticizing Musk, Complaints Claim,” by Bloomberg’s Dana Hull: “Tesla Inc. allegedly fired two California-based employees in violation of labor laws for being part of a wider group that was discussing and drafting letters critical of Chief Executive Officer Elon Musk, according to their attorneys and complaints they filed with federal regulators.”

— “EU Charges Meta With Antitrust Violations Linked to Marketplace,” by the Wall Street Journal’s Kim Mackrael and Sam Schechner: “The European Union charged Facebook parent Meta Platforms Inc. with antitrust violations for allegedly distorting competition by tying its online classified-ad service to its social network. The European Commission, the bloc’s antitrust enforcer, on Monday said the U.S. tech company automatically gives Facebook users access to its Marketplace service, potentially pushing aside competing classified-ad services.”

HOLLYWOODLAND

— “Amber Heard, Johnny Depp settle defamation case: ‘This is not an act of concession,’” by the Los Angeles Times’ Christi Carras: “In a lengthy statement shared Monday on Instagram, Heard explained her decision not to pursue the appeal she filed shortly after the jury awarded her $2 million and Depp more than $10 million in June. The Daily Mail reported that Depp and Heard reached a settlement in which Heard’s insurance company will pay Depp $1 million — an amount Depp’s team corroborated Monday in a statement.”

MIXTAPE

UNDER THE SEA — “Frigid Water and a $2K Tail: The Life of a Northern California Mermaid,” by the San Francisco Standard’s Olivia Cruz Mayeda.

— “6.4-magnitude earthquake hits northern California,” by NBC News’ Chantal Da Silva.

— “These new laws will change how California’s criminal justice system works next year,” by the Sacramento Bee’s Andrew Sheeler.

— “A surfer nearly died at Ocean Beach. How three people broke ‘paralysis of the moment’ to save him,” by the San Francisco Chronicle’s Mallory Moench.

— “Saving salmon: Chinook return to California’s far north — with a lot of human help,” by CalMatters’ Alastair Bland.

BIRTHDAYS

Louise Linton

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