this post was submitted on 19 Aug 2023
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No idea. I'm just a random Steve on the internet who thinks if people routinely sued the state for mass shootings, the state would have some financial incentive to do something.
There are people who study this stuff. I'm sure they have ideas.
https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States
https://constitution.congress.gov/browse/essay/amdt11-5-1/ALDE_00013679/
Sovereign immunity is a real thing and it's hard to overcome. They may be able to sue a municipal government (county/parrish/city) but going after the State or the Federal govt means a lot of very efficiently walled off legal precedent to overcome. Even using bad faith arguments that can sometimes skirt around monetary damage for sovereign, it can still end up evaporating in the face of the the state/fed having to voluntarily be willing to be sued, not even looking at the cherry on top of the current established court views of the 2nd Amendment.
I guess the point is, there's no way, short of some weird amalgamation of liberal progressives and conservatives combining into a party that seems real election success over the course of a full decade, that most States and the US federal government would go all in on allowing themselves to be sued willingly. We're more likely to get an Amendment to the U.S. Constitution passed.