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Sen. Cruz Leads Bicameral Amicus Urging Court to Hear Case on American Sovereignty and the Second Amendment

WASHINGTON, D.C. — U.S. Sen. Ted Cruz (R-Texas), member of the Senate Judiciary Committee and Ranking Member of the Subcommittee on the Constitution, filed an amicus brief urging the U.S. Supreme Court to grant certiorari in Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc. Sens. Marsha Blackburn (R-Tenn.), Ted Budd (R-N.C.), John Cornyn (R-Texas), Kevin Cramer (R-N.D.), Steve Daines (R-Mont.), Lindsey Graham (R-S.C.), Mike Lee (R-Utah), Roger Marshall (R-Kan.), Rick Scott (R-Fla.), and Thom Tillis (R-N.C.) joined Sen. Cruz’s brief. Additionally, Rep. Darrell Issa (R-Calif.-48) led 13 House Members in joining Sen. Cruz’s brief.

Sen. Cruz stated, “Mexico is trying to impose its own interpretation of American law on American businesses, and in the process, erode American sovereignty and threaten the Second Amendment. As if facilitating the border crisis was not enough proof on its own, the current government in Mexico has shown a complete disregard for our laws, our Constitution, and our Second Amendment. The Supreme Court should defend our Constitution and American sovereignty by taking this appeal and unanimously reversing the First Circuit’s disastrous decision.”

Sen. Blackburn said, “The pervasive human, drug, and weapons trafficking organized by cartels is a direct result of Mexico’s failure to enforce law and order. Mexico’s case against Smith & Wesson is nothing but an attempt to pass off blame for their inability to control crime in their country. I urge the Supreme Court to reverse the First Circuit’s decision, which undermines America’s sovereignty and threatens the rights given to every American by the Second Amendment.”

Sen. Budd stated, “I am glad to join Senator Cruz in urging the Supreme Court to rule in favor of protecting American sovereignty and the Second Amendment. There are many clear reasons for the rampant crime we are seeing in Mexico and none of them have to do with the actions of lawful gun manufacturers in the United States. Instead of punishing law-abiding American businesses, the corruption in Mexico could be stopped by targeting the criminal cartels who are getting rich off illicit drug sales and human trafficking.”

Sen. Cornyn said, “By suing American firearm manufacturers, Mexico is skirting U.S. law and attempting to hijack our courts to subject American citizens and companies to Mexican law. This is a clear affront to our sovereignty and the Second Amendment, and I’m glad to join my colleagues to help ensure Mexico’s case does not move forward and this dangerous precedent is not set.”

Sen. Cramer stated, The right to keep and bear arms is not merely a policy preference but a bedrock of American freedom, enshrined in our Constitution. The rights of our gun owners and manufacturers is not subject to the legal whims of foreign governments. This is a brazen attempt by the Mexican government to hold U.S. gun manufacturers liable for the violent atrocities committed by drug cartels. It is an outright assault on American sovereignty and fundamentally disrespects our judicial system. Instead of pointing fingers across the border, Mexico must confront the harsh realities of its internal security failures. Its 'hugs, not bullets' policy has disastrously failed, only emboldening these ruthless criminal cartels. I am glad to support Senator Cruz and Congressman Issa's bicameral amicus, affirming our commitment to American sovereignty and Second Amendment liberties.”

Sen. Mike Lee said, “It is vitally important that the Supreme Court stand up for the Second Amendment rights of Americans and affirm federal law protecting gun manufacturers from liability for crimes committed with lawfully manufactured firearms. No foreign country should be able to interfere with the US Constitution, and we should protect America’s sovereignty. I expect the Supreme Court will do so.”

Sen. Marshall said, “Mexico’s attempt to hijack our courts is a slap in the face to the rule of law and the U.S. Constitution. We should never cede our sovereignty to a foreign nation, and I am proud to work with Senator Cruz on this important issue.”

Sen. Tillis stated, “The Supreme Court must act to overturn the First Circuit’s decision and protect American sovereignty from this blatant political stunt from Mexico. Rather than solving the drug and crime problem plaguing their country, Mexico is blaming the United States for problems it should have solved a long time ago. The Second Amendment rights of law-abiding citizens should never come under attack from a foreign nation intent on blame-shifting and creating needless political turmoil.”


When the case was heard by the United States Court of Appeals for the First Circuit, Sen. Cruz led an amicus brief defending American sovereignty and the Second Amendment joined by Sens. Rick Scott (R-Fla.), Ted Budd (R-N.C.), and Marsha Blackburn (R-Tenn.), as well as 35 members of the House of Representatives.

Sen. Cruz’s Supreme Court amicus brief is available here.