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Cake day: June 9th, 2023

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  • IANAL, but my understanding is this is how laws are challenged in the US. A plaintiff cannot file suit against the legislature, or the government in general, to challenge a law. A plaintiff needs to sue an individual within the government who has enforced the law, and then demonstrate that the enforcement of said law has caused the plaintiff harm. In this case the law will be enforced by Newsome or someone within his administration like the Secretary of State.

    I learned this when Texas passed their anti-abortion law in 2021 (S.B. 8). Rather than having government officials enforce that law, the state offloaded enforcement to private citizens by paying them cash rewards for successfully suing alleged abortion providers. Since state officials are not doing the enforcing they are not directly causing harm to any potential plaintiffs. There’s nobody in the state government you can sue to initiate a challenge to the law.