SCOTUS (Supreme Court of the United States) 2025 Wrap Up - Part 2 June 9, 2025
And now, let’s take a close look at an issue where both sides can “aim their fire” at–guns. On June 5, 2025, SCOTUS, in its case of “Smith & Wesson Brands v. Estados Unidos Mexicanos,” unanimously held 9-0 that Mexico’s lawsuit against U.S. gun manufacturers must fail. Mexico had sued several U.S. gun manufacturers. That country claimed that these gun companies had knowingly contributed to gun violence by allowing firearms trafficking into Mexico through negligent marketing and distribution. Mexico argued that these companies design and sell military-style weapons they know will be trafficked and used by that country’s notorious drug cartels. https://www.usnews.com/news/national-news/articles/key-supreme-court-cases-to-watch-in-2025
The gun companies, including well-known Smith & Wesson and its distributor Interstate Arms, appealed to the U.S. High Court from a lower court’s decision that had allowed the lawsuit against them to proceed.https://www.reuters.com/world/us/top-cases-now-before-us-supreme-court-2025-01-25/
That lower court decision found that Mexico had reasonably alleged that the gun companies had aided and abetted illegal gun sales, harming that country’s government.https://www.reuters.com/world/us/top-cases-now-before-us-supreme-court-2025-01-25/
The gun companies countered Mexico’s argument. They stated that Mexico’s lawsuit was barred by the Protection of Lawful Commerce in Arms Act. That legislation protects them, according to these companies, from liability for crimes committed with their products. These companies also argue that any harm that occurred from use of their weapons is also too indirect. https://www.usnews.com/news/national-news/articles/key-supreme-court-cases-to-watch-in-2025
SCOTUS agreed with the gun companies. Writing for the majority, Justice Elena Kagan wrote that the Protection of Lawful Commerce in Arms Act, which provides firearms manufacturers with broad legal immunity, prevents this lawsuit from going forward.https://www.usnews.com/news/national-news/articles/key-supreme-court-cases-to-watch-in-2025
True, this is a disappointing case for the regulation of guns. However, repeal of the Lawful Commerce in Arms Act would be impossible in a GOP-dominated Congress with a GOP President. In addition, many Democrats would not vote for such a repeal because of the inevitable retribution the NRA (National Rifle Association) would wreak against them at the polls. Still, IMHO, SCOTUS gave gun control advocates a far more important victory in its 7-2 March 26, 2025 “Garland v. VanDerStok”opinion. In that decision, as noted in “U.S. News,” SCOTUS upheld the Biden Administration’s ability to regulate “ghost guns.” https://www.usnews.com/news/national-news/articles/key-supreme-court-cases-to-watch-in-2025
“Ghost guns” are privately made firearms that are assembled at home from kits purchased online. They are hard to trace because they have no serial numbers, and their buyers aren’t subject to the same requirements as someone who is buying a traditional firearm. In 2022, according to “U.S. News,” the ATF (Alcohol, Tobacco, and Firearms) Bureau changed the definition of a firearm to include such kits. Makers and sellers of “ghost guns” are now required to be licensed, to conduct background checks, and to keep purchasing records.https://www.usnews.com/news/national-news/articles/key-supreme-court-cases-to-watch-in-2025
We must take our victories from this conservative SCOTUS where and when we can get them on gun control and on any other progressive measures. If we really want to get more reasonable gun control regulations, we will have to make sure we flip the GOP-dominated House as well as the “Red” Senate to get legislators who will enact such controls. ALL elections count.
