New Mexico and Tennessee have something in common. New Mexico’s Supreme Court decided to hold gas stations accountable for the acts of drunk drivers. The theory is that a drunk driver couldn’t get in an accident if he didn’t have the gas to drive around. This is the same theory that lies at the heart of suing gun manufacturers for the acts of a mass shooter: companies are now responsible for the criminal misuse of their products, bars for serving people who get drunk and then get in an accident on the way home.
This policy deflects responsibility from the person who committed the act onto a third party who had little to nothing to do with what happened. This is something that “no recovery/no fee” ambulance chasing trial lawyers LOVE. Drunk drivers generally don’t have deep pockets. Gas stations, bars, and their insurance companies do.
It flips liability on its head, in that companies engaged in legal commerce are now charged with law enforcement. This is a path to tyranny, and appears to be the perfect end run around the restrictions placed upon our government by the Constitution. Want to enforce an unconstitutional edict? Use the courts to create a liability upon companies. Their corporate policies will make a defacto law.
We saw that happen in the 1980s. For those of you old enough to remember, every newspaper in America used to have a firearms section of the classifieds. People could run an ad in the paper, advertising their personally owned firearm for sale, and sell it there. It was kind of like Gunbroker, but every newspaper in the country used to participate. I bought my very first handgun that way, a Smith and Wesson Model 59.
So what happened? Newspapers decided that they would no longer allow ads for firearms.
This policy will have far reaching consequences, and it will allow the courts to shape our nation in multiple ways. Now any liberal judge will be able to apply this doctrine to any business or industry that they wish to see destroyed.
Business and government, working together for tyranny. That is the very definition of Mussolini Fascism, the granting of powers to business.