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U.S. Supreme Court to decide whether Mexico can sue gunmakers over border violence

U.S. Supreme Court to decide whether Mexico can sue gunmakers over border violence
U.S. Supreme Court to decide whether Mexico can sue gunmakers over border violence

 


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The U.S. Supreme Court will decide whether a federal law will prevent Mexico from suing gun distributors for allegedly facilitating the flow of firearms to drug cartels.

The high court on Friday granted a request from Smith & Wesson and other gunmakers to review a federal appeals court ruling reviving the case, after a trial judge threw it out on the basis of the Protection of Lawful Commerce in Arms Act, a law that generally prohibits civil liability of firearms manufacturers and distributors for the use of their products by criminal third parties.

The Supreme Court ruled in favor of 13 cases on Friday, completing the term that begins Monday with new litigation involving reverse discrimination, the storage of spent nuclear fuel and the DNA testing of a death row inmate. The court had already agreed to hear cases on President Joe Biden's regulations on ghost guns and vaping.

The court will reconvene for the first time since its 6-3 conservative majority granted broad criminal immunity to former President Donald Trump in July, further limited the power of federal agencies and struck down a ban on the stocks big.

In its suit, Mexico alleged that manufacturers and distributors aided and abetted the purchase of their firearms by dealers known to supply drug cartels. They also say gun manufacturers have resisted making changes to their products, such as making gun serial numbers harder to tamper with or installing certain technological protections that would prevent unauthorized use of guns and would make it less attractive to criminal gangs.

And the complaint claims that manufacturers market their products in an inflammatory and reckless manner, making the weapons more attractive to cartels.

At the heart of the Supreme Court dispute is the 2005 federal law passed by a Republican-led Congress. The ruling in favor of Mexico came after gunmakers successfully used the Protection of Lawful Commerce in Arms Act to stop similar lawsuits from local and state governments.

The 1st Circuit concluded that the Mexican lawsuit could move forward because it fell within an exemption allowing liability when the alleged harm is related to violations by the gun manufacturer or distributor of national law or local.

In seeking to overturn the ruling, the manufacturers are challenging Mexico's allegations that they aided and abetted illegal sales of their weapons in violation of federal law. They point to the Supreme Court's 2023 ruling shielding Twitter from a lawsuit alleging it aided and abetted terrorism by hosting tweets created by the terrorist group ISIS.

Lawyers for Mexico, who asked the court not to disturb the 1st Circuit's ruling, defended the merits of the decision and argued that it was premature for the Supreme Court to take up the case.

As recent Supreme Court rulings on workplace discrimination continue to reverberate through lower courts, the justices also agreed Friday to take up the case of a woman who claims she missed out on a promotion because she is heterosexual and her boss was gay.

Marlean Ames began working for Ohio State Government in 2004 and gradually rose through the ranks within the Department of Youth Services. She claims that in 2017, she started working for a gay boss and was unable to benefit from a promotion offered to another gay woman.

Ames is challenging a requirement applied in five appeals courts across the country that majority Americans who raise discrimination claims must demonstrate their track record in order to pursue their lawsuit. A complainant could satisfy this requirement, for example, by providing statistical evidence documenting a pattern of discrimination against members of a majority group.

Ames lost before the 6th U.S. Circuit Court of Appeals, based in Cincinnati. If she wins her case, it could make it easier for Americans to sue for reverse discrimination.

Ohio officials counter that the department had legitimate, nondiscriminatory reasons to hire someone else and that Ames never provided evidence showing managers were even aware of his sexual orientation.

Doctrine on spent nuclear fuel and the big questions

The Supreme Court will also wade into a decades-old battle over how and where spent nuclear fuel should be stored, in a case that could impact the power of federal agencies.

The Biden administration has appealed a ruling by the 5th U.S. Circuit Court of Appeals that allowed Texas to challenge a Nuclear Regulatory Commission plan to store up to 40,000 tons of nuclear waste in the Permian Basin in Texas.

The case will bring back to the high court an important question of how to resolve ambiguities over a doctrine it created that limits the power of federal agencies in situations where Congress has not granted explicit authority for action, known as the major issues doctrine.

The case will be decided months after the Supreme Court dealt a major blow to the power of federal agencies in a separate case dealing with when courts can review agency actions.

The Nuclear Regulatory Commission argued that Texas should not have been allowed to take the case to federal court at all because the state did not formally object to the project when the agency granted for the first time the storage license to Interim Storage Partners, a private company. The agency also objects to the 5th Circuit's ruling that the agency does not have the authority to issue licenses to store nuclear fuel away from reactors.

The court agreed Friday to consider the appeal of a Texas death row inmate who was denied the opportunity to take a DNA test after his conviction, placing the death penalty on the higher court docket for the second times this year.

Ruben Gutierrez was convicted of capital murder and related offenses in the murder of Escolastica Harrison more than twenty-five years ago and was sentenced in 1999. He was denied the opportunity to request DNA testing additional charges after conviction under an existing Texas law. problem in the case.

After a series of executions across the country in recent weeks, several of which were denied by the Supreme Court, justices are expected to hear oral arguments Wednesday in another death penalty case involving an Oklahoma man who, according to state officials, even those who favor the death penalty, should be spared.

In late September, the court drew attention from death penalty advocates for refusing to intervene in the case of Marcellus Williams, convicted in 2001 of the murder of former journalist Felicia Gayle.

The court refused to stop the execution, over the objection of the three liberal justices. Williams' conviction was called into question by the same office that prosecuted him.

CNN's Devan Cole contributed to this report.

This story has been updated with additional developments.

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