But Newsom kept the bit going. In a statement on Monday, he said he wanted to thank Benitez because the ruling proves Newsom’s point. “We have been saying all along that Texas’ anti-abortion law is outrageous. Judge Benitez just confirmed it is also unconstitutional. The provision in California’s law that he struck down is a replica of what Texas did, and his explanation of why this part of SB 1327 unfairly blocks access to the courts applies equally to Texas’ SB 8. There is no longer any doubt that Texas’ cruel anti-abortion law should also be struck down.”


I mean, good luck getting a Texas court—or the Supreme Court for that matter—to agree with that logic. And when Roe was overturned, a separate trigger ban took effect in Texas that totally bans abortion, no private lawsuits needed. Even if a judge said SB 8 was toast, clinics couldn’t re-open.

There were detractors of Newsom’s effort from the start. ACLU California Action wrote in a May letter to the bill sponsors:

“There is no way to ‘take advantage of the flawed logic’ of the Texas law. No worthy motive and no permissible goal can justify such a radical and dangerous assault on our constitutional structure. Replicating the reprehensible Texas model only serves to legitimize and promote it, as evidenced by the copycat measures already enacted in some states, with many more pending around the country.”


The sad reality is that trying to give conservatives a taste of their own medicine won’t do much to help abortion seekers.