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Supreme Court shoots down Mexico's lawsuit against US gun makers
Smith and Wesson vs. Estados Unitos Mexicanos, handed down today. It's as smashing a loss as a case can take. 9-0. Justice Kagan, of the liberal wing, writes the opinion. Justice Jackson, also of that wing, writes a concurrence that essentially says, Justice Kagan was too nice to you legal morons, get out of here:
"I view Mexico's allegations as insufficient to satisfy PLCAA's predicate exception, regardless of whether the business practices described might suffice to establish aiding-and-abetting or other forms of vicarious liability in distinct statutory or common-law contexts.... Devoid of nonconclusory allegations about particular statutory violations, Mexico's lawsuit seeks to turn the courts into common-law regulators. But Congress passed PLCAA to preserve the primacy of the political branches--both state and federal--in deciding which duties to impose on the firearms industry."
But, lest we think the other side might learn its lesson, the local newspapers are reporting they mean to press ahead with their lawsuits here.
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I suppose this would be too banal for the Supremes, but a decision from the bench that said "NO! GTFO Now!" would have been quite appropriate.
And Mexico's President has said they will continue to attempt litigation - against distributors now.
I suppose that's bad news for the DoJ
It is even more interesting that two of the liberal justices admit that AR-15s are in common use for lawful purposes. Hope to see them choke on that if we ever get an AWB case to them.