Shot Down.

• Author: Sullum, Jacob
• Position: Brief Article

After the states managed to raise taxes and restrict advertising by suing Philip Morris and other cigarette makers, critics observed that such litigation is legislation in disguise. As such, they said, it undermines the separation of powers, short-circuits public debate, mocks the democratic process, and evades constitutional limits.

The Clinton administration has a carefully considered response to those objections: So what? In December, White House officials revealed plans for a lawsuit that would blame gun manufacturers for shootings in public housing projects. Officials did not pretend they were interested in justice.

Domestic policy adviser Bruce Reed explained that the suit was aimed not at winning compensation but at extracting concessions from the gun industry, including advertising limits, mandatory safety locks, and new restrictions on sales. "If the Republican-controlled Congress wants to block sensible gun control," White House spokesman Joe Lockhart told The Washington Times, "we're going to find a way to [enact] it."

Maybe not. The announcement of the federal suit came just as judges were dismissing similar cases brought...