The U.S. Supreme Court is now considering a case in which it will likely tell Mexico to play in their own sandbox and leave our Second Amendment alone.
But if it rules the other way, it could decimate the U.S. arms industry by making the cost of firearms prohibitive.
The high court heard oral arguments yesterday in a case concerning the arming of Mexican cartels, mere weeks after the Trump administration designated those very criminal cartels as foreign terrorist organizations.
In Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, Mexico is seeking $10 billion in damages from the U.S. firearms industry for violence committed there by cartel members while using American-made firearms.
The case challenges the Protection of Lawful Commerce in Arms Act (s), signed into law in 2005, which absolves gunmakers of liability when their products are used to commit criminal acts.
The federal district trial court dismissed Mexico’s lawsuit, noting that it was barred by the PLCAA.
The U.S. Court of Appeals for the left-leaning First Judicial Circuit reversed that decision and permitted the case to move forward, claiming that Mexico alleged in its complaint that the defendant gun makers aided and abetted the eventual illegal sales to cartels.
Court-watchers agree that both the Supreme Court’s three conservative justices and three swing votes will likely block Mexico’s lawsuit.
In addition, one of the three liberal justices, Ketanji Brown Jackson, may join the majority for a 7-2 decision.
Jackson observed that when Congress approved the PLCAA and then-President George W. Bush signed it into law, Congress wanted to shield "eits own prerogative to be the one to regulate" the gun industry, instead of doing so through the court system.
She was also concerned about the lack of connection between the manufacturer and the ultimate sale to the cartel members that led to passing the law.
Jackson suggested that cases like this, "where we don’t really see exactly how the manufacturers are violating a particular federal or state law," might be “running up against" the concerns that prompted Congress to pass the PLCAA.
A number of gun rights groups, including the National Rifle Association, and the Second Amendment Foundation, filed amicus curia (friend-of-the-court) briefs, as did the National Shooting Sports Foundation, the trade association for the U.S. firearms industry.
The NSSF noted that frivolous lawsuits brought by Mexico and aimed at the U.S. firearms industry were what led to the passage of the PLCAA.
"Congress enacted the PLCAA in 2005 to put a stop to these efforts to use novel tort theories to destroy a lawful industry and the fundamental rights it facilitates," their brief stated, later adding, "Mexico’s counsel was the architect of many of the lawsuits that were brought before the PLCAA."
The NRA argued that Mexico’s action "epitomizes the type of abusive lawsuit that the Protection of Lawful Commerce in Arms Act was enacted to prohibit."
Second Amendment Foundation Executive Vice President Alan Gottlieb observed that Mexico was attempting to weaken a nearly two-decade-old federal law.
"Mexico’s lawsuit isn’t just an attack on gun makers, it’s an effort to undermine the authority of Congress to protect manufacturers and consumers alike," said Gottlieb.
"As we note in our brief, if Mexico’s lawsuit is allowed to stand, it will result in a new wave of massively expensive litigation solely designed to crush the firearms industry and ultimately eviscerate the Second Amendment. That cannot be allowed to happen."
SCOTUS Blog writer Amy Howe concluded that "with even the court’s more liberal justices appearing dubious, Mexico’s lawsuit seems unlikely to move forward."
But when the shouting is over and the dust settles, it may all come down to an issue of common sense.
Newsmax TV host Carl Higbie suggested on "Frontline" Tuesday that maybe Mexico should follow President Donald Trump’s lead. Instead of filing frivolous lawsuits against blameless gun makers, they should secure its border and monitor incoming traffic.
And if Mexican President Claudia Sheinbaum asks nicely, Trump may even help.
In the end, Congress may want to suggest a modification to "Old Glory."
Taking a cue from the Gadsden Flag, we might want to overlay the stars and stripes with a coiled rattlesnake, and add the phrase "DON'T TREAD ON ME," on one of the lower white stripes.
That may put the fear of God into not just Mexico, but maybe even some of America’s genuine enemies as well.
But whether it does or doesn’t, Mexico must learn to stay on its side of the bed.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and a Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.