Lawsuit Backfires Print
Monday, July 06 2015

A Brady Campaign-backed lawsuit has backfired on the parents of a victim who was killed in the Aurora, Colorado, movie theater attack.

In a recently released opinion, federal Judge Richard P. Matsch dismissed the lawsuit brought against online merchants who sold the perpetrator various items used in his crime. Ultimately, the court simply refused the plaintiffs' request to rewrite settled law to their liking and against the Protection of Lawful Commerce in Arms Act.

"To grant such relief this court must conduct hearings and make policy decisions that are within the authority of the political branches of government responsive to the people under our constitutional structure of representative government," Judge Matsch wrote. "The defendants' motions to dismiss must be granted because this court does not have the authority to grant the relief requested."

In addition to ruling in favor of the defendants, the court awarded defense costs and attorneys' fees totaling $203,001.86. "It is apparent that this case was filed to pursue the political purposes of the Brady Center," Judge Matsch stated, "and, given the failure to present any cognizable legal claim, bringing these defendants into the Colorado court where the prosecution of James Holmes was proceeding appears to be more of an opportunity to propagandize the public and stigmatize the defendants than to obtain a court order which counsel should have known would be outside the authority of this court."

Just who will ultimately foot the bill is unknown, but Judge Matsch also noted the close relationship of the named plaintiffs to the Brady Campaign itself.

The fee award is being appealed.

Source: nraila.org