XPost: law.court.federal, alt.mexico, talk.politics.guns   
   XPost: sac.politics, talk.politics.misc   
   From: nospam@ix.netcom.com   
      
   The Supreme Court ruled unanimously Thursday in favor of U.S. gun   
   manufacturers and blocked a liability lawsuit brought by the government of   
   Mexico, which sought to hold the companies accountable for the trafficking   
   of their weapons south of the border to fuel violence by the cartels.   
      
   The government argued in its historic lawsuit that American firearms   
   manufacturers, including Smith & Wesson, Glock, Beretta and Colt, were   
   "aiding and abetting" the illicit flow of weapons across the border.   
      
   Mexico sought $10 billion in damages, court-mandated safety mechanisms and   
   sales restrictions for U.S.-made guns.   
      
   Justice Elena Kagan said in her opinion that federal law grants broad   
   immunity to U.S. gun companies and unquestionably protects them from   
   Mexico's claims.   
      
   "Mexico alleges that the companies aided and abetted unlawful sales   
   routing guns to Mexican drug cartels. The question presented is whether   
   Mexico's complaint plausibly pleads that conduct. We conclude it does   
   not," Kagan wrote.   
      
   The Protection of Lawful Commerce in Arms Act of 2005 bars lawsuits   
   against any gun manufacturer over the illegal acts of a person using one   
   of a manufacturer's guns. But it does create an exception for claims   
   involving a gun company's alleged knowing violation of rules governing the   
   sale and marketing of firearms.   
      
   Mexico argues that its lawsuit fell under the exception and was seeking   
   $10 billion in damages and court-mandated safety mechanisms and sales   
   restrictions for U.S.-made guns.   
      
   "Mexico has not met that bar," Kagan wrote for the court. "Its complaint   
   does not plausibly allege the kind of 'conscious . . . and culpable   
   participation in another's wrongdoing' needed to make out an aiding-and-   
   abetting charge."   
      
   "When a company merely knows that some bad actors are taking advantage of   
   its products for criminal purposes, it does not aid and abet. And that is   
   so even if the company could adopt measures to reduce their users'   
   downstream crimes," Kagan concluded.   
      
   The decision is the first time the high court has weighed in on the   
   sweeping gunmaker immunity that Congress enacted aimed at protecting the   
   industry.   
      
   Mexico has only one gun store, but is awash in millions of American-made   
   weapons, most funneled into the country by straw purchasers in the U.S. By   
   one estimate, at least 200,000 guns flow south of the border each year.   
      
   "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, the legal director and deputy chief   
   counsel at GIFFORDS Law Center. "All survivors, in the United States, in   
   Mexico, and anywhere else, deserve their day in court, and we will   
   continue to support them in their fight for justice."   
      
   Pablo Arrocha Olabuenaga, the legal adviser for Mexico's Foreign Ministry,   
   said that they are "disappointed" with the Supreme Court's decision.   
      
   "The Mexican Government will continue to do everything in its power to   
   protect Mexicans and to stop the crime gun pipeline," Olabuenaga said in a   
   statement.   
      
   Jonathan Lowey, president of Global Action on Gun Violence and backer of   
   the Mexico case, said the decision is "the clearest evidence yet that the   
   gun industry's special interest get-out-court-free card must be revoked."   
      
   "The Court made clear that the door to accountability for the gun industry   
   is not shut, and we look forward to working with Mexico further to stop   
   the crime gun pipeline that makes Mexicans and Americans less safe," Lowey   
   said in a statement.   
      
   https://abcnews.go.com/Politics/supreme-court-blocks-lawsuit-gun-   
   manufacturer-filed-mexican/story?id=120902600   
      
   --- SoupGate-DOS v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)