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WASHINGTON (CN) — Mexico received little sympathy from the Supreme Court on Tuesday as it fought to hold U.S. gun manufacturers accountable for cartel violence, which is fueling border tensions.
“Mexico says that U.S. gun manufacturers are contributing to illegal conduct in Mexico,” Justice Samuel Alito, a George W. Bush appointee, said. “There are Americans who think that Mexican government officials contribute to a lot of illegal conduct here.”
The Mexican government has long sought a solution to the illegal trafficking of U.S. guns. This month, Mexican President Claudia Sheinbaum linked the tariff ceasefire to the U.S. government’s commitment to stop the trafficking of high-powered weapons.
After 90 minutes of arguments on Tuesday, the justices seemed to shut down U.S. courts playing any starring roles.
Justice Sonia Sotomayor, a Barack Obama appointee, appeared to find Mexico’s claims lacking, stating that the nation needed proof that manufacturers acted with the intent to aid illegal activities.
“Knowledge is not enough … you have to aid and abet in some way,” Sotomayor said. “You have to intend and take action to participate.”
Mexico sued seven gun manufacturers in 2021, seeking to pull the linchpin from the crime gun pipeline. U.S. gunmakers are an essential component of cartel violence, Mexico argued, because it maintains strict firearm regulations and only has one gun store in the entire nation.
In January, the Justice Department reported a 25% increase in trace requests for guns used in crimes from Mexican authorities in recent years. Over three-fourths of crime guns recovered in Mexico are traced to four southwest border states: Arizona, California, New Mexico and Texas, according to the U.S. Justice Department.
The U.S. manufacturers being sued include Smith & Wesson Brands, Barrett Firearms Manufacturing, Beretta U.S.A. Corp, Glock, Sturm, Ruger & Company and Colt’s Manufacturing Company.
Mexico says the gunmakers sell to cartels through straw purchasers — third parties that buy guns legally from a licensed dealer and then traffic them across the border. The gun manufacturers not only know they’re selling to cartel dealers, Mexico claims, but they also deliberately and systematically support the unlawful trade.
The firearm sellers undermined Mexico’s argument, suggesting that linking their sales to cartel violence was absurd and involved too many indirect connections.
“If Mexico is right, then every law enforcement organization in America has missed the largest criminal conspiracy in history, operating right under their nose,” Noel Francisco, an attorney with Jones Day representing the gunmakers, said.
The justices likewise struggled to link manufacturers to Mexico’s complaint.
“What you don’t have is particular dealers,” Justice Elena Kagan, a Barack Obama appointee, said about which stores sell to straw purchasers. “There are lots of dealers and you’re just saying you know that some of them do. Who are they aiding and abetting in this complaint?”
Mexico reminded the court that its lawsuit was only just beginning, and the current case only asked if there was a proximate cause between the gun manufacturers’ actions and efforts to aid and abet Mexican cartels.
“The issue at this stage is not whether every aspect of Mexico’s complaint survives, but whether any of it clears the predicate exception,” Mexico’s attorney Catherine Stetson, with Hogan Lovells, said. “Mexico should be given a chance to prove its case.”
Even if Mexico could make a direct connection, the gun manufacturers claim they’re immune from Mexico’s suit under the Protection of Lawful Commerce in Arms Act, which shields law-abiding industry participants from liability for harm solely caused by others.
Justice Ketanji Brown Jackson, a Joe Biden appointee, seemed focused on following the statute, which favored the gunmakers.
“Congress didn’t want general aiding and abetting concerns to be what is imposing duties on these manufacturers,” Jackson said.
Arguments in Mexico’s legal fight against U.S. gun companies began shortly after President Donald Trump levied 25% tariffs on goods from the nation.
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