The US Supreme Court must decide whether Mexico can sue gun manufacturers over border violence

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The U.S. Supreme Court will decide whether a federal law bars Mexico from charging gun distributors with facilitating the flow of firearms to drug cartels.

The Supreme Court on Friday granted Smith & Wesson and other manufacturers’ request to review a federal appeals court ruling that revived the case after a judge dismissed the case under the Protection of Lawful Commerce in Arms Act, a law that generally prohibits the civil liability of firearms manufacturers and distributors for the use of their products by outside criminals.

In total, the Supreme Court on Friday assigned 13 cases, filling out the term that begins Monday with disputes over reverse discrimination, the storage of spent fuel and DNA testing for a death row inmate.
Mexico says gun makers are reckless

In its lawsuit, Mexico alleged that the manufacturers and distributors aided and abetted the purchase of their firearms by dealers known to supply drug cartels. They also allege that firearms manufacturers have resisted making changes to their products — such as making it more difficult to identify gun serial numbers or installing certain technological safeguards that would prevent the unauthorized use of a gun — that would make the guns less attractive for criminal gangs.

And the complaint says manufacturers market their products in a “inflammatory” and “reckless” manner, making guns more attractive to cartels.

At the heart of the dispute before the Supreme Court is the 2005 federal law passed by a Republican Party-led Congress. The ruling in Mexico’s favor came after gunmakers previously had success using the Protection of Lawful Commerce in Arms Act to halt similar lawsuits from local and state governments.

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