Ted Cruz, GOP lawmakers urge SCOTUS to end 'Mexico's assault on our Second Amendment'

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FIRST ON FOX: Sen. Ted Cruz, R-Texas, along with other Republican congressional members, filed an amicus brief in support of U.S. gun manufacturers, urging the Supreme Court "to uphold American sovereignty and the Second Amendment."

The case, Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, stems from a lawsuit filed in 2021 by the Mexican government, in which the government alleged U.S. gun manufacturers, like Smith & Wesson, Ruger and others, should be liable for gun violence carried out by cartels south of the border, because the companies were allegedly aware their firearms were being trafficked into the country.

"I am leading this amicus brief to uphold American sovereignty and our Second Amendment. The lawsuit filed by Mexico seeks to trample on our Constitution," Cruz told Fox News Digital. "I look forward to the Supreme Court ending this madness, putting an end to Mexico’s assault on our Second Amendment, and sending a clear message that American sovereignty will not be eroded by any country."

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Sens. Marsha Blackburn, R-Tenn.; Mike Braun, R-Ind.; Bill Cassidy, R-La.; John Cornyn, R-Texas; and Rick Scott, R-Fla., are just several Senate members joining Cruz in filing the brief. Reps. Darrell Issa, R-Calif.; Clay Higgins, R-La.; Pete Sessions, R-Texas; and Claudia Tenney, R-N.Y., have also joined Cruz's brief. 

Sen. Ted Cruz, R-Texas, along with other Republican congressional members, filed an amicus brief in support of U.S. gun manufacturers, urging the Supreme Court "to uphold American Sovereignty and the Second Amendment." (AP Photo/Michael Wyke)

"I joined Senator Cruz and my House GOP colleagues in this case because it was the right thing to do and the only choice to make," Issa said in a statement. "This lawsuit has unified our friends and allies almost as never before, including from the National Shooting Sports Foundation and the Firearms Regulatory Accountability Coalition, and now the Supreme Court will listen to our petitions to hear this case."

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"This is a landmark legal question and weighs whether to allow foreign governments to violate American sovereignty, bankrupt our firearms industry with lawfare, and undermine our Second Amendment rights. Today, we reaffirm our commitment to our constitutional freedoms. Our cause will prevail," Issa continued.

Rep. Darrell Issa, R-Calif., also joined Cruz's brief. (AP Photo/Gregory Bull)

The filing slams the lawsuit as a whole, calling it "an attempt to co-opt the power of the federal judiciary to both circumvent the role of Congress and usurp the role of the Executive." The filing continues on to say that the suit disregards the "respective roles" assigned by the Constitution to the federal branches and thus proves to be "an affront" to American sovereignty. 

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The brief also says that the right to bear arms under the Second Amendment is "fundamental to our scheme of ordered liberty," quoting a separate Supreme Court case. Via the present lawsuit, the brief says Mexico is attempting to impose "massive costs and injunctive relief" against American gun manufacturers, something "no public body in the United States could do via legislation or regulation."

The brief goes on to say that the right to bear arms under the Second Amendment is "fundamental to our scheme of ordered liberty," quoting a separate Supreme Court case. (Spencer Platt/Getty Images)

More than two dozen top Republican prosecutors had previously urged the Court to take up the case in May of this year. That amicus brief, filed by Montana Attorney General Austin Knudsen along with other GOP colleagues, urged the high court to hear the case in order to stop "a foreign sovereign’s use of American courts to effectively limit the rights of American citizens."

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Mexico's lawsuit was initially dismissed by a Massachusetts federal judge, but Mexico successfully appealed its case to the U.S. Court of Appeals for the First Circuit, with the support of California and other Democrat-led states.

The high court set oral arguments for the case for February.