Name: Supreme Court Skeptical of Mexico’s Lawsuit Against US Gun Companies
Uploaded: 2025-03-05T06:25:05.000Z
Description: The U.S. Supreme Court seemed skeptical of Mexico’s argument on March 4 that U.S. gun manufacturers should face liability for violence committed by cartels in Mexico.

Savannah Pointer is a politics reporter for The Epoch Times. She can be reached at savannah.pointer@epochtimes.us

Savannah Hulsey Pointer

Jason Perry is an Army veteran and NTD's National Security Correspondent based at the network's global headquarters in New York City. Jason primarily covers border security, national defense, foreign wars, and veterans' issues.

Jason Perry

News

Health News

Texas Children's Hospital to Open First-Ever Detransition Clinic Under Deal With DOJ

Sam Wang is a Washington correspondent for NTD News based in Washington, D.C. Sam covers politics on Capitol Hill, and U.S.-China relations. 

Sam Wang

NTD Plus

News with integrity, from the U.S. and around the world. Focused reports and analyses that shed light on major issues the world deserves to know. NTD Evening News airs daily at 6 p.m. ET.

NTD Evening News

Citizens Honor Police for Their Service and Sacrifice

Cary Dunst is the news anchor for NTD Evening News. He is also the co-host of NTD Good Morning.


Cary Dunst

Trump ‘Projecting American Influence and Leadership’ on Iran Issue in Beijing: China Expert

Chris Bob is a reporter for NTD and a host of "Profiles of Service." He is also a small business owner. Chris graduated from Union College with a concentration in politics and religion in Russia and the former Soviet Union.

Chris Bob

Senate Panel Advances Crypto Regulation Bill

Jason Blair is a national correspondent for NTD News based in California. 

Jason Blair

Lawmakers Weigh ‘Sanctuary’ Polices After Woman’s Death in Virginia

Christina Corona is a California-based reporter for NTD News. She primarily covers California news, politics, and entertainment.  

Christina Corona

Bonta Announces Major Fentanyl Bust in California

Arian Pasdar is an international correspondent for NTD News based in South America. His reporting focuses on immigration and key events in Latin America.

Arian Pasdar

CENTCOM Commander Admiral Cooper Praises Trump's Military Actions

David Lam is a national correspondent based in California and a part-time anchor for "NTD Tonight." Before joining NTD he was a financial analyst.

David Lam

Lawyers in OpenAI Trial Give Closing Arguments

Eva Fu is a New York-based writer for The Epoch Times focusing on U.S. politics, U.S.-China relations, religious freedom, and human rights. Contact Eva at eva.fu@epochtimes.com

Eva Fu

Jack Bradley is a Washington correspondent for NTD News based in Washington, D.C. Jack previously anchored "NTD Newsroom" and worked as an assistant producer for the show. 

Jack Bradley

China News

Organ Harvesting in China

Congressional Hearing Spotlights Forced Organ Harvesting in China

Dave Martin is NTD's Senior Sports Reporter and sports analyst. He also hosts "Data Hub" segments during NTD's special election coverage, "The Nation Decides."

Dave Martin

Report: Giants WR Nabers Had 2nd Procedure on Knee

NTD Evening News Full Broadcast (May 15)

NTD Evening News Full Broadcast (May 14)

NTD Evening News Full Broadcast (May 13)

NTD Evening News Full Broadcast (May 12)

NTD Evening News Full Broadcast (May 11)

Don Ma is an anchor and senior business correspondent based at the network's global headquarters in New York City. Don is the anchor and producer of NTD's "Business Matters," which airs weekdays at 4:30 pm ET.

Don Ma

NTD Evening News Full Broadcast (May 10)

Arleen Richards is NTD's legal correspondent based at the network's global headquarters in New York City, where she covers all major legal stories. Arleen holds a Doctor of Law (J.D.).


Arleen Richards

NTD Evening News Full Broadcast (May 9)

NTD Evening News Full Broadcast (May 8)

NTD Evening News Full Broadcast (May 7)

NTD Evening News Full Broadcast (May 6)

NTD Newsroom comprises teams of reporters, editors, and producers assigned to cover breaking news and other stories.


NTD Newsroom

Fast, compelling, first-hand news from China. China in Focus airs Monday–Friday at 8 p.m. ET.

China in Focus

China Sends Warships to Pacific Drill as Tensions With Japan Rise

Reuters is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages.

Reuters

We present news that is truthful and based on facts, outside of the political fog. Instead of focusing on the negative things happening around us, our mission is to give our viewers a good morning with empathetic and uplifting stories. Our aim is to provide an antidote to negativity by shining a light on the best side of people. We speak to inspiring people who positively impact communities, pursue topics that represent our common human values, and will never miss an opportunity to bring you heartwarming stories.

NTD Good Morning

2 US Embassy Personnel Assigned to Cartel Case Killed in Car Accident

The Associated Press is an American not-for-profit news agency headquartered in New York City. 

The Associated Press

US News

Gunman Kills 8 Children, Including 7 of His Own, in Louisiana Mass Shooting

Flora Hua is a reporter based at NTD's global headquarters in New York City, where she covers China news, U.S.-China relations, and human rights issues. Flora primarily contributes to NTD's "China in Focus."  

Flora Hua

Trump: Seized Iranian Ship May Have ‘A Gift From China’

Joseph Lord is a congressional reporter for The Epoch Times.


Joseph Lord

Aldgra Fredly is a freelance writer covering U.S. and Asia Pacific news for The Epoch Times.

Aldgra Fredly

Former NYC Mayor Rudy Giuliani Hospitalized in Critical Condition: Spokesman

Wildfires Across Georgia and Florida Have Destroyed Nearly 50 Homes and Are Forcing Evacuations

News you can trust from the U.S. and around the world. Critical information and insight. We cover the stories that others don’t. NTD News Today airs Monday–Friday at 11 a.m. ET.

NTD News Today

US Warns of China Hacks via Routers, Smart Devices

Juliet Song is an international correspondent exclusively covering China news for NTD. She primarily contributes to NTD's "China in Focus," covering U.S.-China relations, the Chinese regime's human rights abuses, and domestic unrest inside China.

Juliet Song

2 Americans Among Suspected Communist Rebels Killed in Clashes With Troops, Philippine Officials Say

Ryan Morgan is a reporter for The Epoch Times focusing on military and foreign affairs. He was previously a news writer for NTD. 


Ryan Morgan

Mari Otsu is NTD's White House correspondent based in Washington. 

Mari Otsu

World News

Middle East

Iran

3 US Warships Fend Off Iranian Attacks, Trump Says Ceasefire Still Holds

3 Dead in Suspected Hantavirus Outbreak on Cruise Ship in Atlantic Ocean: WHO

The U.S. Supreme Court seemed skeptical of Mexico’s argument on March 4 that U.S. gun manufacturers should face liability for violence committed by cartels in Mexico.

The case, Smith & Wesson v. Estados Unidos Mexicanos, came from the U.S. Court of Appeals for the First Circuit, which ruled last year that members of the American firearm industry could face a lawsuit under the Protection of Lawful Commerce in Arms Act (PLCAA).

That law generally protects firearms companies from lawsuits based on criminals misusing their products. However, it contains an exception that the First Circuit said was met in this case. More specifically, the law allows companies to face lawsuits if they knowingly violated state or federal law and if that violation was a proximate cause of a given harm.

The appeals court said Mexico’s lawsuit had adequately alleged that the firearm companies had aided and abetted “the sale of firearms by dealers in knowing violation of relevant state and federal laws.”

It added that “the Mexican government’s expenditure of funds to parry the cartels is a foreseeable and direct consequence” of dealers selling guns to buyers with illegal intentions.

During oral arguments on Tuesday, Justice Sonia Sotomayor suggested that Mexico had not done enough to show that the gun companies were liable. Mexico’s attorney said that the complaint alleged distributors were “knowingly supplying the dealers who we know sell unlawfully across the border.”

“But knowledge is not enough,” Sotomayor responded. “We have repeatedly said mere knowledge is not enough. You have to aid and abet in some way. … You have to intend and take affirmative action to … participate in what they’re doing.

After Sotomayor’s exchange with attorney Catherine Stetson, who argued the case for Mexico, Justice Ketanji Brown Jackson told Stetson that she thought the PLCAA required lawsuits like Mexico’s to do more to show violations of law.

Justice Clarence Thomas similarly seemed to express concern that the lawsuit didn’t show a violation of particular laws. He also asked whether Mexico would run into due process issues in alleging violations of federal law by certain individuals when they hadn’t been charged with that violation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Thomas told the attorney, “You say in your complaint there is a violation, but there’s been no finding of a violation. How do we know there is a violation?”

Jackson also seemed to worry that Mexico’s arguments would invite unwarranted judicial intervention.

“All of the things that you asked for in this lawsuit would amount to different kinds of regulatory constraints that I’m thinking Congress didn’t want the courts to be the ones to impose,” she said.

Multiple justices asked questions indicating that Mexico’s lawsuit lacked information to allege a certain level of wrongdoing on the part of gun companies.

Justice Samuel Alito asked whether the lawsuit contained allegations that gun companies would sell to specific “red flag” dealers.

Stetson responded by reading from a portion of the complaint alleging that gun companies provide dealers with guns even if the dealers have been found to violate the law.

Justice Amy Coney Barrett eventually interjected, saying that the paragraph the attorney cited didn’t identify specific dealers. “You haven’t sued any of the retailers that were the most proximate cause of the harm. And you haven’t identified them that I can tell in the complaint,” Barrett said.

Stetson then pointed to a section of the complaint citing specific instances of dealers obtaining and trafficking guns.

Justice Brett Kavanaugh asked Mexico’s attorney about the potential that her theory of liability could have “destructive effects on the American economy.”

He added, “That’s a real concern, I think, for me.”

<em>From<a href="https://www.theepochtimes.com/us/supreme-court-skeptical-of-mexicos-lawsuit-against-gun-companies-5819724"> The Epoch Times</a></em>

Latest

Videos

04_Top Stories

Latest Clips

Americas

Supreme Court

Courts

Sam Dorman is a Washington correspondent covering courts and politics for The Epoch Times. You can follow him on X at @EpochofDorman.

Sam Dorman

Latest and breaking news, documentaries, movies, and lifestyle content on NTD+.
 
Empower your knowledge and elevate your spirit with NTD+, your go-to destination for truthful news, insightful documentaries, and captivating lifestyle content that enriches your life.