Any week that starts off with John Belushi’s immortal reflections on March just has to be a good week.
1. Connecticut: Judicial ethics and guns. Anti-gun fanatics are cheering this week’s ruling by the Connecticut Supreme Court reversing a lower court judge dismissing a lawsuit by the families of victims of the Sandy Hook shooting against Remington Arms Company, allowing the case to proceed. In the 4-3 decision the court possibly created a path that other mass shooting victims can follow to get around the federal Protection of Lawful Commerce in Arms Act, known as PLCAA, which has protected the manufacturers of the AR-15 assault rifle from lawsuits, thus setting the stage for a sensational “Runaway Jury”-type trial. The court’s reasoning is that the Sandy Hook families should have the opportunity to prove that Remington violated the Connecticut Unfair Trade Practices Act (CUTPA) by marketing what it knew was a weapon designed for military use to civilians. The problem is that the ruling ignores the law, as John Hinderaker explains (but he’s not the only analyst trashing the decision):
“Firearms of all kinds have been ‘designed for military use.’,” he writes. “The 1911, designed by John Browning, was the standard U.S. military pistol for many years and remains one of the most popular pistol designs today. So what? There is no such exception in the Second Amendment…Under the Supremacy Clause, federal law will govern over state law. The Protection of Lawful Commerce in Arms Act is intended to avoid precisely the result reached by the Connecticut Supreme Court. The PLCAA puts firearms manufacturers on the same plane with all others. If their products are not defective–if they do not malfunction–they are not liable. If someone stabs a victim to death with a knife, the victim’s heirs can’t sue the knife manufacturer. It is the same with firearms.”
Hinderaker correctly concludes that significance of the ruling is not that it opens a road for the Second Amendment to be constrained, or for ruinous liability to applied to gun-makers, but that it shows how courts will deliberately ignore the law to reach political goals. Continue reading