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

CNN

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

The Supreme Court on Friday granted a request from Smith & Wesson and other gun makers 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 criminal third parties.

The Supreme Court ruled in favor of thirteen cases on Friday, completing the term that begins on Monday with new lawsuits on reverse discrimination, the storage of spent fuel and the DNA testing of a death row inmate. The court had already agreed to hear cases involving President Joe Biden’s regulations on ghost guns and vaping.

The court will reconvene for the first time since the 6-3 conservative majority in July granted broad criminal immunity to former President Donald Trump, further limited the power of federal agencies and lifted a ban on big stocks.

In its lawsuit, Mexico alleged that manufacturers and distributors aided and abetted the purchase of their firearms by dealers known to supply drug cartels. They also say gun 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 unauthorized use of guns and make them less attractive to criminal gangs.

And the complaint alleges that manufacturers market their products in a inflammatory and reckless manner, making the weapons more attractive to cartels.

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

The 1st Circuit concluded that the Mexican lawsuit could move forward because it fell within an exemption that allowed liability when the alleged harm is related to the gun manufacturer’s or distributor’s violations of state or local law.

In their effort to overturn the ruling, the manufacturers dispute Mexico’s allegations that they supported and promoted the illegal sale of their weapons in violation of federal law. They point to the 2023 Supreme Court ruling protecting Twitter from a lawsuit alleging it aided and abetted terrorism by hosting tweets created by the terrorist group ISIS.

Lawyers for Mexico, who asked the court not to disrupt the 1st Circuit’s ruling, defended the merits of the decision and argued that it was premature for the Supreme Court to hear the case.

While the Supreme Court’s recent rulings on workplace discrimination continue to resonate in the lower courts, the justices also agreed Friday to hear the case of a woman who claims she missed out on a promotion because she is heterosexual and her boss was homosexual.

Marlean Ames began working for the Ohio State Government in 2004 and gradually rose through the ranks within the Department of Youth Services. She claims she started working for a gay boss in 2017 and was unable to take advantage of a promotion offered to another gay woman.

Ames is challenging the requirement in five appeals courts across the country that the majority of Americans filing discrimination claims must prove their record in order to proceed with their lawsuit. A complainant could meet this requirement, for example, by providing statistical evidence showing a pattern of discrimination against members of a majority group.

Ames lost before the 6th U.S. Circuit Court of Appeals, based in Cincinnati. If she wins her case, it could make it easier for Americans to sue for reverse discrimination.

Ohio officials counter that the department had legitimate, non-discriminatory reasons for hiring someone else and that Ames never provided evidence showing that managers were even aware of his sexual orientation.

Doctrine on spent fuel and the big questions

The Supreme Court will also enter a decades-long battle over how and where to store spent fuel, in a case that could impact the power of federal agencies.

The Biden administration is appealing a ruling by the 5th US Circuit Court of Appeals that allowed Texas to challenge a Nuclear Regulatory Commission plan to store up to 40,000 tons of nuclear waste in Texas’ Permian Basin.

The case will present the Supreme Court with an important question about how to resolve ambiguities about a doctrine it created that limits the power of federal agencies in situations where Congress has not granted explicit authority for action, known as the major issues doctrine.

The case will be decided months after the Supreme Court dealt a major blow to the power of federal agencies in a separate case centering on when courts can review agencies’ actions.

The Nuclear Regulatory Commission argued that Texas should not have brought the case to federal court at all because the state did not formally object to the project when the agency first granted the storage permit to Interim Storage Partners, a private company. . The agency also takes issue with the 5th Circuit’s ruling that the agency does not have the authority to issue permits to store nuclear fuel outside of reactors.

The court agreed Friday to consider the appeal of a Texas death row inmate who was denied the opportunity to take a DNA test after his conviction, leaving the death penalty for the second time this year was placed on the docket of the higher court.

Ruben Gutierrez was convicted of capital murder and related crimes in the murder of Escolastica Harrison more than twenty-five years ago and was sentenced in 1999. He was denied the opportunity to seek additional DNA testing charges following a conviction under an existing Texas law. problem in the case.

After a series of executions across the country in recent weeks, several of which have been denied by the Supreme Court, judges are expected to hear oral arguments Wednesday in another death penalty case involving an Oklahoma man who, according to state officials, even those who favor should be spared the death penalty.

In late September, the court drew the attention of death penalty advocates for refusing to intervene in the case of Marcellus Williams, convicted in 2001 of killing former journalist Felicia Gayle.

The court refused to halt the execution, over the objection of the three liberal judges. Williams’ conviction was questioned by the same office that prosecuted him.

CNN’s Devan Cole contributed to this report.

This story has been updated with additional developments.

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