Supreme Court Blocks Lawsuit by Mexico Against Gun Manufacturers

The Supreme Court unanimously set aside a lower court ruling, thereby blocking a lawsuit by Mexico seeking $10 billion in damages from USA gun manufacturers for “deliberately aid[ing] and abett[ing] the unlawful sale of firearms” to drug cartels in Mexico.

There is only one store in Mexico legitimately selling guns. Most of the guns used by cartels come from the USA.

Gun makers claimed the lawsuit violates the Protection of Lawful Commerce in Arms Act which protects firearms manufacturers from lawsuits for criminal activities involving their guns. Mexico said the companies “knowingly” aiding and abetting crimes by the cartels. The law does not allow that.

Justices ruled that Mexico based its case on general accusations. Providing guns to arms dealers that are known to supply cartels is insufficient. Proof of aiding and abetting required specific criminal transactions that the companies assisted.

“does not pinpoint … any specific criminal transactions that the defendants (allegedly) assisted” in to prove that the companies aided and abetted the cartels, Justice Elena Kagan wrote in the court’s opinion, arguing the government’s case is instead based on “general” accusations that aren’t enough to prove aiding and abetting.

In the opinion, Justice Elena Kagan wrote that Mexico “does not confront that the manufacturers do not directly supply any dealers, and its complaint does not name alleged bad-apple dealers or provide grounds for thinking that anyone up the supply chain often acquires that information.”

Pundits generally did not remark on Kagan’s specific examples as a possible roadmap showing Mexico what would be necessary for any future lawsuit to succeed, and what approach is needed to satisfy this unusual Supreme Court in any lawsuits Mexico might file in the USA about other topics.

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