SCOTUS to NYC & DC: You Lose, Again
This looks to be the end for the NYC & DC lawsuits filed against several firearm manufacturers claiming that their legal products create a nuisance for the City. From (ironically) Bloomberg News:
The U.S. Supreme Court left intact lower court decisions shielding Smith & Wesson Holding Corp., Sturm, Ruger & Co. and other gunmakers from lawsuits pressed by New York City and shooting victims in Washington, D.C.
The justices, without comment, rejected appeals that sought to revive the two suits and challenged the constitutionality of a federal law signed in 2005 by then-President George W. Bush to protect the industry from a wave of lawsuits.
The New York and Washington suits were among dozens that sought to hold the firearms industry accountable for urban violence, claiming that manufacturers knew their weapons would fall into the hands of criminals. Most of those suits have been dismissed.
The New York suit, filed in 2000 by then-Mayor Rudolph Giuliani, sought court-ordered changes to industry practices to keep illegal guns out of the city. The 2nd U.S. Circuit Court of Appeals in New York rejected the suit last year, overturning a trial judge.
Yes, this (NY lawsuit) was brought on by Rudy, but it could just as easily have been filed by his successor.
Fortunately, this doesn’t bode well for the still existent lawsuit filed by Gary, Indiana that has remained on life support from the courts in that state.
Incidentally, the most interesting part of the story is THIS:
President Barack Obama’s administration joined the gun industry in urging the Supreme Court not to question the constitutionality of the 2005 law, known as the Protection of Lawful Commerce in Arms Act. Like the Bush administration, Obama’s lawyers didn’t take a position on whether the federal law required dismissal of the lawsuits.
9 Responses to “SCOTUS to NYC & DC: You Lose, Again”
on 10 Mar 2009 at 10:21 am # Techie
I’ll think this is a reasonable course of action when I can sue GM for the jerk that sideswiped me a few years back or suing Sears for the time someone accidentally dropped a hammer onto a plate-glass table top.
on 10 Mar 2009 at 10:41 am # totwtytr
Two thoughts. One, he has some other devilment for the firearms industry up his sleeve. Second, there is some other industry that he wants to use a similar law to protect, we just don’t know which one yet.
on 10 Mar 2009 at 11:03 am # bklynboy
Per totwtytr’s comment, the other industry POTUS wants to protect is the telecom industry which was granted immunity from lawsuits as a quid pro quo for its acquiescence to warrantless searches of American citizen’s communications. If that immunity fails, the telco industry ceases to cooperate and US illegal wiretapping stops dead in its tracks
on 10 Mar 2009 at 11:35 am # joe
Guns are legal products. If they are being used illegally, arrest and lock up the perpetrators. In other words, enforce existing laws. Done.
Using taxpayer money to pursue frivolous lawsuits is dumb.
As for the unrelated topic of telco immunity, I want the government listening in on phone calls from/to the US from/to suspected terrorists or terrorist locations. They ain’t listening in your calls to your girlfriend/boyfriend or Aunt Sue. If (when) another attack occurs on the US, you can bet we’ll hear …”the government should have done more to prevent it!”
on 10 Mar 2009 at 12:16 pm # HPH
It appears you removed the word “gay” from your self-description box, upper right home page. Have you posted an explanation to your readers why you did so, if indeed I remember correctly?
on 10 Mar 2009 at 1:18 pm # Ride Fast
Obama sided with the gun industry? Somehow that is very worrying.
on 10 Mar 2009 at 5:04 pm # Jimbo T.
I can’t help but think with each bone tossed to gun owners that Obama is preparing us for what will be an all out effort to resurrect the so-called “assault weapons” ban.
on 10 Mar 2009 at 6:12 pm # straightarrow
Probably figured it wasn’t any of our business HPH.
on 10 Mar 2009 at 8:26 pm # Daniel
Knives are legal products, too.
As are baseball bats, air guns, machetes, scythes, hammers, butcher knives, etc., etc., etc.