Washington and New York, March 5. The Mexican government's lawsuit accusing manufacturer Smith & Wesson and distributor Interstate Armas of trafficking weapons to cartels in Mexico was the subject of nearly two hours of hearing before the U.S. Supreme Court, but questioning by several of the nine justices seemed to indicate they would support the gunmakers' request to dismiss the Mexican lawsuit.
Oral arguments held yesterday on the case are intended to provide the justices with the information they need to determine whether to support Smith & Wesson's request to dismiss the lawsuit entirely or allow a lower court to proceed with Mexico's case. A ruling is expected in early summer.
The civil lawsuit filed by Mexico four years ago against several U.S. gun companies, holding them responsible for fueling drug cartel gun violence in Mexico and seeking $10 billion in damages, had been proceeding in court until Smith & Wesson and Interstate Arms, two of the defendants, appealed to the Supreme Court to halt and dismiss the case.
They deliberately supplied the illegal Mexican market
Catherine Stetson, the attorney arguing on behalf of Mexico, asserted that these two companies deliberately supplied the illegal Mexican market by selling weapons through a small number of dealers they know sell a large number of crime weapons and repeatedly sell in bulk to cartel traffickers. She added that the issue at this point is not whether every aspect of Mexico's case is true, but rather whether Mexico should be given the opportunity to prove its case.
Noel Francisco, the gunsmiths' attorney, responded that if Mexico is right, then every law enforcement agency in the United States failed to detect the largest criminal conspiracy in history operating right here under their noses, and Budweiser would be liable for every accident caused by underage drinkers, knowing that teenagers will buy beer, drive drunk, and crash.
U.S. law grants broad protections to gun manufacturers against such lawsuits, but those protections do not extend if they are aware that their products are distributed in ways that lead to violations of the law. But in nearly two hours of aggressive questioning from the justices, both the conservative majority and the liberal minority expressed skepticism about the Mexican government's ability to prove its case under current U.S. law.
