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Today the U.S. Supreme Court ruled the Sandy Hook families may sue Remington over the use of an AR-15 by the crazed shooter, Adam Lanza.

 

Remington had petitioned the Supreme Court, called a petition for certiorari, to drop a decision reached by the Connecticut Supreme Court in March of this year saying Remington could be sued because of its marketing practices.

Per AP, in its argument, Remington said it should be protected from lawsuits based on the 2005 Protection of Lawful Commerce in Arms Act, which was passed to prevent most lawsuits against firearms manufacturers when their products are used in crimes.

In other words, in a situation exactly like this.

 

Instead, the U.S. Supreme Court denied the petition for certiorari and would not change the lower court’s ruling.

Ok, so what does that mean exactly? Is the Supreme Court going all wobbly on gun rights? Is this the beginning of the end for the Second Amendment?

Not necessarily. Yes, this sucks for Remington, and has possible implications for future suits. It seemingly paves the way for anti-gun lawyers to open the floodgates on gun manufacturers.

But, it is useful to review exactly what a denial for a petition of certiorari means.

 

A “Petition for Writ Certiorari” is a formal, written request for the Supreme Court to review a lower court’s ruling. The denial of a Petition for Certiorari (aka Cert Petition) by the Supreme Court in a federal case means the decision of the Court of Appeals stands as the final decision.

Here’s a key point: This does not mean the Supreme Court either agrees or disagrees with the decision of the Court of Appeals, only that the case will not be reviewed.

The Supreme Court of the United States receives over 5000 petitions of certiorari annually. Of those cases, they accept 100. The Supreme Court has the discretion to hear only cases they deem appropriate.

The Supreme Court denies most appeals because the court has no desire to change the interpretation of modern law. The Supreme Court agrees to hear cases that are either novel issues or issues that the court believes require guidance.

So in a nutshell, the Supreme Court decided not to mess with this case. The lawsuit can continue, but that doesn’t mean Remington will automatically lose the case. However, no matter what the outcome, the company will lose hundreds of thousands of dollars —if not millions — in legal fees.

 

Per National Review, the lawsuit claimed the gun manufacturer marketed the Bushmaster AR-15 rifle “for use in assaults against human beings.”

In its March 2019 decision, the Connecticut Supreme Court ruled the state consumer protection law bars marketing techniques that encourage criminal behavior.

“Connecticut law does not permit advertisements that promote or encourage violent, criminal behavior,” the court stated.

The plaintiffs claim the company used product placement in violent video games as well as marketing pitches such as, “consider your man card reissued,” and “If it’s good enough for the military, it’s good enough for you.”

Okay, so why isn’t the video game manufacturer being sued as well? Or the producers and distributors of every film or TV show in which an ArmaLite Rifle is depicted?

And since when does a “man card” promote or encourage criminal behavior?

 

This case may ultimately fail, but it demonstrates again why federal judicial appointments are so crucial to our nation.

As of this month, the United States Senate has confirmed 161 judges nominated by President Trump, including 2 Associate Justices of the Supreme Court of the United States, 45 judges for the United States Courts of Appeals, 112 judges for the United States District Courts, and 2 judges for the United States Court of International Trade.

 

President Trump recently thanked Barack Obama for leaving him so many appointments to fill.

Amen to that.

 

 

 

 

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3 Responses

  1. Doctor Don Rhudy

    So the courts, Supreme et al, rule that a case can continue that will cost millions of dollars and line the pockets of attorneys on both sides, and sitting at the bench. That’s what this means. It is also evidence that there is no lower, slimier, scummier profession that the so-called legal profession.

    Reply
  2. Heath Edin

    This is a bad represention of a tool. People can hurt with whatever is available.

    Reply

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