Supreme Court shuts down Mexico’s lawsuit against American gunmakers

The Supreme Court on Thursday tossed out a lawsuit from the Mexican government that alleged American gun manufacturers should be held responsible for cartel violence on the Southwest border, a decision that shields the companies from a suit that had claimed billions in damages.

The Supreme Court on Thursday tossed out a lawsuit from the Mexican government that alleged American gun manufacturers should be held responsible for cartel violence on the Southwest border, a decision that shields the companies from a suit that had claimed billions in damages. Justice Elena Kagan wrote the opinion for a unanimous court explaining why the Protection of Lawful Commerce in Arms Act, which allows suits to go forward if they’re based on an underlying violation of a state or federal law, doesn’t allow the suit against Mexico to proceed. Mexico’s lawsuit, Kagan wrote, “does not plausibly allege” that the gunmakers aided and abetted gun dealers’ unlawful sales of their firearms to Mexican traffickers. “In asserting that the manufacturers intentionally supply guns to bad-apple dealers, Mexico never confronts that the manufacturers do not directly supply any dealers, bad-apple or otherwise,” Kagan wrote. “They instead sell firearms to middlemen distributors, whom Mexico has never claimed lack independence.” The justices, however, avoided delving into a broader analysis that could have further shielded the manufacturers from future litigation. That more narrow ruling likely explains why the court ended up with a unanimous opinion. “Today’s decision will end Mexico’s lawsuit against the gun industry, but it does not affect our ability and resolve to hold those who break the law accountable,” said David Pucino, legal director at the gun control group GIFFORDS Law Center.