NYC And Bloomberg Lose Another One

The U.S. Supreme Court ruled today that the city of New York cannot revive a frivilous lawsuit against the firearms industry.

"New York sued several gun manufacturers in 2000, arguing the companies violated a state public nuisance law with their marketing and distribution of the firearms products they sell. Among the companies sued were Beretta USA Corp., Smith & Wesson Holding Corp. (SWHC), Colt's Manufacturing Co. LLC, Sturm, Ruger & Co. (RGR) and Glock GmbH.

A federal law enacted in 2005 sought to shield gun makers from lawsuits like the one New York filed, prompting a federal judge to throw the case out. The 2nd U.S. Circuit Court of Appeals in New York in April 2008 upheld that ruling by a 2-1 vote. New York, in a court brief, said the 2005 law violates state rights under the U.S. Constitution. "This congressional effort to control how states make law raises important questions about the Tenth Amendment's protections of state sovereignty," New York said."

Its not like the ruling is any surprise, but then in a day when activist courts make law instead of upholding it, we sometimes have to hold our breath.