Supreme Court likely to shoot down Mexico's $10B lawsuit against US gun makers

Both conservative and liberal justices seemed unwilling to allow the Mexican government to hold gun manufacturers accountable for cartel killings south of the border via their $10 billion lawsuit.

The federal government has granted extensive immunity to the firearms industry, as ABC News reported, to shield businesses from potentially bankrupting lawsuits.

Companies refute Mexico's claims that the statute permits "aiding and abetting" the illegal sale and trafficking of firearms.

Smith & Wesson, Glock, Beretta, and Colt are among the corporations the nation accuses of selling and marketing firearms with the intent to facilitate human trafficking.

Trafficking Details

An estimated 200,000 firearms make their way south of the border annually. Along with safety regulations regarding the sale and distribution of firearms, the nation is suing for $10 billion in damages.

"The laws broken here are designed to keep guns out of criminals' hands. Those violations put guns in criminals' hands and those criminals harmed Mexico," Cate Stetson, Mexico's attorney, told the Supreme Court.

"These acts were foreseeable," she added. "This court need not vouch for Mexico's allegations, but it must assume they are true. ... Mexico should be given a chance to prove its case."

From the Justices

It appeared like a few of the justices weren't sure that Mexico's case should proceed.

The purported damages caused by the cartel killings in Mexico are too distant from the distribution decisions made by the producers, according to Justice Sonia Sotomayor.

"We have repeatedly said mere knowledge is not enough [for liability]," Sotomayor said.

"You have to aid and abet in some way. You have to intend and take affirmative action to ... participate in what they're doing."

Kagen's Questions

Justice Elena Kagan expressed doubt about Mexico's accusations, citing what she saw as their lack of specificity.

"There are lots of [gun] dealers. And you're just saying [the gunmakers] know that some of them [engage in trafficking]. But which some of them? I mean, who are they aiding and abetting in this complaint?" Kagan said.

After hearing Stetson's accusation of intentionally selling firearms to cartels, Chief Justice John Roberts voiced his doubt about the assertion.

"I mean, there are some people who want the experience of shooting a particular type of gun because they find it more enjoyable than using a BB gun," he said.

"And I just wonder exactly what the defendant, the manufacturer, is supposed to do in that situation. You say no, he shouldn't be marketing a particular legal firearm because they're going to go into Mexico at a higher percentage than others?"