As President Donald Trump pressures Mexico to address the flow of migrants and drugs heading north into the United States, the Supreme Court is set to hear arguments Tuesday in a major appeal about guns crossing the border toward Mexico.
Mexico sued Smith & Wesson and six other major US gun makers in 2021 for $10 billion in damages, alleging that the companies design and market their guns specifically to drug cartels that then use them in criminal activities.
The case does not center on the Second Amendment, but gun-control and gun rights groups are closely engaged in the fight. The Mexican government argues that a significant percentage of guns recovered at crime scenes in Mexico are made in the United States.
Gun rights groups, including the National Rifle Association, argue that the lawsuit is an attempt to undermine the American firearms industry. The Protection of Lawful Commerce in Arms Act generally shields gunmakers from liability for crimes committed with their products, but an exception permits suits when there's a close connection between the harm and the companies' actions.
Mexico alleges that the manufacturers are aiding and abetting the purchase of firearms by cartels and have resisted design changes that would make the guns less appealing to gangs. The Supreme Court is facing a decision on whether to hold the American gun industry accountable for fueling organized crime at the southern border.
The 6-3 conservative Supreme Court is expected to take a skeptical view of Mexico's suit, citing a previous case involving social media company X. The gun manufacturers argue that they have no control over what people do with the guns they make.
The appeals court ruling in favor of Mexico stated that the gunmakers' conduct may have been more than what was alleged against X, suggesting a calculated and willing participation in the illegal firearm market in Mexico.
