GOP lawmakers and Ted Cruz urge SCOTUS to put an end to Mexico's attack on our Second Amendment rights.

Oral arguments for Smith & Wesson v Mexico have been scheduled by the high court for February 2025.

GOP lawmakers and Ted Cruz urge SCOTUS to put an end to Mexico's attack on our Second Amendment rights.
GOP lawmakers and Ted Cruz urge SCOTUS to put an end to Mexico's attack on our Second Amendment rights.

Texas Senator Ted Cruz, along with other Republican Congress members, submitted an amicus brief to the Supreme Court in defense of U.S. gun manufacturers, advocating for the preservation of American sovereignty and the protection of the Second Amendment.

The lawsuit filed by the Mexican government in 2021 against Smith & Wesson, Ruger and other U.S. gun manufacturers accused them of being liable for gun violence committed by cartels in Mexico, as the companies were allegedly aware that their firearms were being smuggled into the country.

"I am leading an amicus brief to protect American sovereignty and our Second Amendment. The lawsuit brought by Mexico threatens our Constitution, and I am eager for the Supreme Court to put an end to it. I believe that Mexico's attack on our Second Amendment will not be tolerated, and I look forward to the court sending a clear message that our sovereignty will not be compromised."

Several senators and representatives, including Ted Cruz, have filed a brief in support of the president's travel ban.

Republican Texas Sen. Ted Cruz
Texas GOP Sen. Ted Cruz, along with other Republican Congress members, filed an amicus brief in support of U.S. gun manufacturers, urging the Supreme Court "to uphold American Sovereignty and the Second Amendment." (AP Photo/Michael Wyke)

"I joined Senator Cruz and my House GOP colleagues in this case because it was the right thing to do and the only choice to make," Issa stated. "This lawsuit has brought our friends and allies together almost as never before, including from the National Shooting Sports Foundation and the Firearms Regulatory Accountability Coalition, and now the Supreme Court will consider our appeals to hear this case."

Issa reaffirmed his commitment to constitutional freedoms, stating that the legal question at hand involves weighing whether to allow foreign governments to violate American sovereignty, bankrupt our firearms industry with lawfare, and undermine our Second Amendment rights. He emphasized that his cause will prevail.

California Congressman Darrell Issa
Reps. Darrell Issa also joined Sen. Ted Cruz's brief. (AP Photo/Gregory Bull)

The lawsuit is slammed by the filing as an attempt to use the power of the federal judiciary to bypass Congress and take on the role of the Executive. The filing argues that the suit ignores the "separate roles" assigned to the federal branches by the Constitution, making it a direct threat to American sovereignty.

The Second Amendment's right to bear arms is a fundamental aspect of our ordered liberty, as stated in a Supreme Court case. In this lawsuit, Mexico seeks to impose significant costs and injunctive relief on American gun manufacturers, something no public body in the US can do through legislation or regulation.

Young man at gun store in Pennsylvania
The brief goes on to say that the right to bear arms under the Second Amendment is "fundamental to our scheme of ordered liberty," quoting a separate Supreme Court case. (Spencer Platt/Getty Images)

In May of this year, over two dozen top Republican prosecutors urged the Court to take up the case, with Montana Attorney General Austin Knudsen and other GOP colleagues filing an amicus brief that argued the high court should hear the case to stop a foreign sovereign's use of American courts to limit the rights of American citizens.

The U.S. Court of Appeals for the First Circuit reversed a Massachusetts federal judge's decision to dismiss Mexico's lawsuit, with the backing of California and other Democrat-led states.

The high court set oral arguments for the case for February 2025.

by Haley Chi-Sing

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