The Volokh Conspiracy

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Guns

Judge Plans to Block California Fee-Shifting Statute That Targets Gun Lawsuit Plaintiffs (and Lawyers)

|The Volokh Conspiracy |


From AP (Julie Watson):

U.S. District Judge Roger T. Benitez said he plans to issue an injunction because the law would force people who challenge any of California's famously restrictive gun laws to pay the government's legal fees if they lose.

Benitez said this would have a "chilling effect" on the public's right to challenge the government in court because people would not want to take the risk of being liable for expensive legal fees….

Benitez has not officially issued his ruling yet, but announced his decision during a hearing at a federal courthouse in San Diego….

The law is modeled after a Texas measure passed in 2021 that aimed to enforce that state's ban on most abortions….

I'll blog about the opinion when it comes out; for more on the law, see this post.