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Monday, May 19, 2008
Phyllis Schlafly :: Townhall.com Columnist
Appeals Court Shoots Down New York City Gun Law
by Phyllis Schlafly
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The media have been telling us to watch the gun-control case now before the U.S. Supreme Court, where we await a decision about Americans' Second Amendment rights. But the 2nd U.S. Circuit Court of Appeals just handed down an equally important gun decision that has additional implications against judicial supremacy.

The court, which convenes in New York City, shot down the longtime liberal dream of achieving gun control by suing gun manufacturers for crimes committed by firearms. In a remarkable decision, this federal appellate court dismissed City of New York v. Beretta U.S.A. Corp. and protected gun corporations against frivolous lawsuits in state and federal courts.

The lawsuit was brought by the City of New York in order to seek control over gun suppliers. At stake was not merely money but also whether liberals would obtain from judicial activists the gun control that the liberals could not get from legislatures.

This decision provides a road map for how Congress should withdraw jurisdiction from judicial supremacists in other fields, too. The decision is a sweeping affirmation of Congress' power to stop future and pending lawsuits in federal and state courts.

This ruling broke an alarming trend of judicial supremacy and stopped outrageous lawsuits that tried to impede the sale of guns because of illegal acts committed by New York City residents and others. Billionaire Mayor Michael Bloomberg was left empty-handed in his attempt to sue businesses concerning crimes committed by residents of his city.

The lawsuit cited the harm from gun sales while ignoring evidence that the benefits far outweigh the harm. The trial court sided with Bloomberg, but the appellate court said "no" and put an end to the nonsense.

Congress had legislated the basis for this decision by passing the Protection of Lawful Commerce in Arms Act in 2005. The PLCAA protects against a "qualified civil liability action," defined broadly to include almost any lawsuit brought against a gun manufacturer or seller based on "the criminal or unlawful misuse" of a firearm distributed in interstate commerce. On the day it was signed into law by President George W. Bush, gun manufacturers moved to dismiss this case, and the 2nd U.S. Circuit Court of Appeals has now enforced the law.

The appellate court rejected an argument that this law denied access to the courts. New York City can and does sue all the time, but Congress properly rejected the ridiculous notion that the city could sue businesses over a typically beneficial product that was later used illegally.

Should General Motors Corp. and Ford Motor Co. be held liable for crimes committed by drunk drivers, or baseball bat suppliers be sued for criminal beatings inflicted with their products? Of course not. It was an outrage that courts even entertained such actions against gun manufacturers and suppliers.

If Congress had not effectively withdrawn jurisdiction, gun manufacturers would be reluctant to produce guns and many might go out of business. This intimidation would deter the lawful sale of guns. Continued...

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About The Author

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
 
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New York City lawsuit dismissed
Can't the anti-gun dimwits who are behind the lawsuits see the potential damage to national security should the gun companies be forced out of business? If Beretta USA, Colt and any others who manufacture arms for the military are forced out of business, who will the military buy from--Communist China? And how about all the people who would lose their jobs because the do-gooders behind the lawsuits were to bankrupt the gun companies. Those insensitive SOB'S care for nothing except their socialist/communist we-know-what's-best-for-your agenda!

Rule by Court and Senate Majorities
“Congress should also take away from judges issues such as the Pledge of Allegiance, the Ten Commandments, the Boy Scouts, and the definition of marriage.”

If Congress has the power to reverse virtually all U.S. Supreme Court decisions, and it does, then its failure to do so makes Congress complicit in the Court’s law making and constitutional amendments.

The reasons for this complicity are several. First is the Senate’s rule requiring a 60% majority to shut off debate on a bill. Thus while a simple USSC five to four, 55.56%, majority can illegally amend the Constitution at will, it requires a legal 51 to 49, 51%, Senate majority to cancel an illegal USSC amendment.

Second, the President, Congress, and the USSC can collude to illegally amend the Constitution, as was done during the Roosevelt-Truman administrations when the two appointed, and the Senate approved, 9 simultaneously serving Masons to the USSC, who in 1947’s Everson v. Board of Education then amended the Constitution to impose separation of church and state, that is, to de-Christianize America. This was soon followed by Senator Lyndon Johnson’s silencing of the churches by removing their tax exemption should they speak out politically - the very ability that made our separation from England possible.

Note also that the House has the ability to start impeachment proceedings against the USSC members. However, impeachment and removal cannot be done without getting at least 60 Senators to agree.

Our great fear then should be 51 lawless Senators of like mind, compounded by or acting in concert with 5 agreeable USSC Justices appointed by the President and confirmed by the Senate. This makes even the slimmest Senate majority so powerful.
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