National Media Report on Brewer Client NRA Scoring Landmark Supreme Court Victory
May 30, 2024 – Major media outlets are reporting on the unanimous Supreme Court decision finding in favor of the National Rifle Association (NRA) in a First Amendment case in which Brewer, Attorneys & Counselors represented the NRA.
The New York Times reports that Justice Sonia Sotomayor wrote the decision finding that the NRA plausibly claimed a violation of the First Amendment, which now sends the case to the U.S. Court of Appeals for the Second Circuit in New York.
The Hill also reports that the NRA can move forward in its “free speech fight” against Maria Vullo, the former superintendent of the New York Department of Financial Services (DFS), over her encouragement of insurers and banks she regulated to cut ties with the NRA. The Hill reports that the NRA maintains those actions were unconstitutional government coercion.
USA Today reports that the NRA will get another chance to “punish” New York regulators who discouraged insurers and bankers from doing business with the NRA. The article noted that Justice Sotomayor wrote in her decision that, "Ultimately, the critical takeaway is that the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or, as alleged here, through private intermediaries.”
CNN reports that the decision will provide clarity to both liberal and conservative regulators about how far they may go in pressuring companies that do business with certain advocacy groups.
“This is a landmark victory for the NRA and all who care about our First Amendment freedom,” William A. Brewer III, counsel to the NRA, said in a statement quoted by CNN. “The opinion confirms what the NRA has known all along: New York government officials abused the power of their office to silence a political enemy.”
New Republic Reports that NRA Appears to “Notch Another Victory” at Supreme Court
March 19, 2024 –New Republic Staff Writer Matt Ford writes that Supreme Court justices appear ready to side with the NRA in its First Amendment case against former New York State Department of Financial Services Superintendent Maria Vullo.
He writes in the article following the Supreme Court arguments in the matter that, "By the end of the arguments, it was clear that whatever uncertain winds were swirling at the outset had shifted decidedly in the NRA’s favor.”
Ford writes that it is “hardly surprising” that the NRA would interpret Vullo’s actions as “unconstitutional threats,” noting that he previously wrote describing former New York Governor Andrew Cuomo’s campaign against the NRA as being blunt and heavy-handed, and Cuomo’s messaging about the NRA as “particularly venomous.” Ford predicted that the former governor’s “overheated rhetoric and ham-fisted tactics will backfire when the court hands down a ruling by the end of June.”
The Brewer firm has represented the NRA on this matter since its inception, advocating alongside First Amendment scholar Eugene Volokh and the ACLU.
The New York Times: Justices Seem Likely to Side with NRA in First Amendment Dispute
March 18, 2024 – The New York Times reports that a "majority of the Supreme Court appeared on Monday to embrace arguments by the National Rifle Association that a New York State official violated the First Amendment" when she encouraged banks and insurance agencies to cut ties with the gun rights organization in 2018.
The Supreme Court agreed to hear the case, NRA v. Maria T. Vullo, in November 2023 after the Second Circuit dismissed the NRA's claims against Vullo, the former head of the New York State Department of Financial Services.
“It was a campaign by the state’s highest political officials to use their power to coerce a boycott of a political advocacy organization because they disagreed with its advocacy,” said David D. Cole, the national legal director for the American Civil Liberties Union (ACLU), who argued on behalf of the NRA. He added that the officials’ actions had cost the group “millions of dollars.”
The Times reports that Solicitor General Elizabeth B. Prelogar described some of the NRA's claims as plausible in a friend-of-the-court brief, specifically that Vullo may have crossed a constitutional line "by coercing regulated entities to terminate their business relationships" with the NRA.
The Brewer firm has represented the NRA on this matter since its inception, advocating alongside First Amendment scholar Eugene Volokh and the ACLU.
FOX News Reports on NRA’s Argument Before Supreme Court
March 18, 2024 – FOX News reports today on arguments before the U.S. Supreme Court in a leading First Amendment case – NRA v. Vullo.
As reported, “Before the high court is the case National Rifle Association of America v. Vullo, which questions whether a government regulator threatens regulated entities with adverse regulatory actions if they do business with a controversial speaker, allegedly because of the government's own hostility to the speaker's viewpoint, violates the First Amendment.” Oral arguments are set for March 18.
FOX reports, “Dozens of political leaders, lawmakers, scholars and organizations have filed or joined amicus briefs in support of the NRA’s position, including the American Civil Liberties Union (ACLU)…”
"Public officials cannot be allowed to abuse their regulatory powers to blacklist an organization just because they oppose its political views. If New York is allowed to do this to the NRA, it will provide a playbook for other state officials to abuse their authority to target groups they don’t like," said ACLU Legal Director David Cole.
"This case is important to the NRA and all advocacy organizations who rely upon the protections of the First Amendment," says NRA counsel and Brewer Partner William A. Brewer III. "Many groups will benefit when the Court reminds government officials that they cannot use intimidation tactics, backdoor censorship, or regulatory blacklisting to silence those with whom they disagree."
Law360 reports on NRA First Amendment Case Before the Supreme Court
February 21, 2024 – Law360 reports that former New York Department of Financial Services (DFS) Superintendent Maria T. Vullo filed a respondent brief with the U.S. Supreme Court in connection with the case National Rifle Association of America (NRA) v. Vullo, which will be heard in March. The NRA is represented in the case by Brewer, Attorneys & Counselors, the American Civil Liberties Union (ACLU), and First Amendment scholar Eugene Volokh.
In a 2018 complaint against Vullo, the NRA said guidance memos Vullo issued to banks and insurers recommending that New York financial institutions evaluate the reputational risks arising from their dealings with the NRA amounted to an “overt viewpoint-based discrimination campaign.” In her brief to the Supreme Court, Vullo rejected the NRA's position that the statements were a "veiled threat."
NRA counsel William A. Brewer III told Law360 in a statement that the "respondents understate the NRA's allegations."
"It is not just that Vullo 'spoke out about matters of public concern,' but that she intentionally engineered a blacklisting campaign against the NRA at the direction of then Governor Cuomo because of its public advocacy," Brewer said. "The claim that the NRA's arguments should be rejected because they might 'encourage damage suits' against public officials is a red herring — an unpersuasive excuse to avoid scrutiny of the actions in question."
The NRA is also represented by Noah Peters and Sarah B. Rogers of Brewer Attorneys & Counselors.
Fox Reports on “Outpouring of Support” for NRA in SCOTUS Case
January 18, 2024 – Fox News reports that dozens of political leaders, lawmakers, scholars and other organizations have filed or joined amicus briefs at the U.S. Supreme Court in support of the National Rifle Association's (NRA) First Amendment lawsuit against former New York Department of Financial Services (DFS) Superintendent Maria Vullo.
The NRA is represented in the case by Brewer, Attorneys & Counselors, the American Civil Liberties Union (ACLU), and First Amendment scholar Eugene Volokh.
In a May 2018 lawsuit, the NRA alleged that Vullo conspired to use DFS' regulatory power to “financially blacklist” the NRA – coercing banks and insurers to cut ties with the Association to suppress its pro-Second Amendment speech.
"This support from organizations and scholars across the political divide validates the NRA’s position: New York government officials violated the First Amendment when they weaponized the powers of their office to silence a perceived political enemy. As evidenced in the chorus of voices that emerged, this case is important to not only the NRA but to all who engage in public advocacy," NRA counsel William A. Brewer III told Fox News.
Fox reports that 190 individuals and organizations filed 22 amicus briefs in support of the NRA’s legal battle. One filing, led by Montana Attorney General Austin Knudsen, was joined by 22 other state attorneys general.
"In their quest to erase the Second Amendment, anti-gun politicians in New York violated the First Amendment rights of the National Rifle Association and its millions of members, using mafia-style tactics to try to silence their voices," Knudsen told Fox.
In addition, Sen. Ted Budd (R-NC) and Rep. Richard Hudson (R-NC) were joined by 81 members of the U.S. Congress in a brief filed earlier this week.
"The participation of more than 100 federal lawmakers and attorneys general represents a united front against government overreach, emphasizing the need to protect the rights of all Americans. This case extends beyond the NRA; it's about safeguarding the fundamental liberties that form the cornerstone of our democracy," said NRA-ILA Executive Director Randy Kozuch.
NRA Files Opening Brief with U.S. Supreme Court
January 9, 2024 – The National Rifle Association of America (NRA) filed its opening brief with the U.S. Supreme Court, outlining the legal arguments in its First Amendment case, National Rifle Association of America v. Maria T. Vullo. The case, which is one of the most closely watched First Amendment lawsuits in the nation, was granted certiorari by the Supreme Court in November 2023.
The NRA is represented by Brewer, Attorneys & Counselors partners William A. Brewer III, Sarah B. Rogers, and Noah Peters, along with American Civil Liberties Union (ACLU) National Legal Director David Cole and First Amendment scholar Eugene Volokh.
In its brief, the NRA writes that government officials "may of course express their opinions without violating the First Amendment. If Vullo had written an op-ed criticizing the NRA, she would not have violated the First Amendment. Likewise, had Vullo merely informed regulated entities about the legal requirements pertaining to affinity insurance programs, she would not have violated the First Amendment."
The brief continues, "But Vullo did nothing of the sort. Instead, motivated by her avowed antipathy toward the NRA’s political views, she invoked her unparalleled authority over the trillion-dollar New York financial services industry to coerce banks and insurance companies to blacklist the NRA, offering a blend of threats and inducements expressly designed to penalize the NRA for its political advocacy. That course of conduct violated the First Amendment."
In a May 2018 lawsuit, the NRA alleged that Vullo, at the behest of former New York Governor Andrew Cuomo, took aim at the NRA and conspired to use the regulatory power of the New York Department of Financial Services (DFS) to “financially blacklist” the NRA – coercing banks and insurers to cut ties with the Association to suppress its pro-Second Amendment speech. The NRA argues that Vullo’s actions as DFS superintendent were meant to silence the NRA.
The NRA's First Amendment claims withstood multiple motions to dismiss. But in 2022, after Vullo appealed the trial court’s ruling, the Second Circuit struck down the NRA’s claims. In early 2023, the NRA petitioned the U.S. Supreme Court, seeking review of the Second Circuit decision. On November 3, 2023, the Court granted review.
“The conduct here is disturbing and unconstitutional,” says Brewer. "There is little question that government officials weaponized the powers of their office to silence the NRA. We are proud to work with the ACLU and others in this moment of truth – defending the NRA and the principles of free speech."
To read more about the NRA's filing, see this article from Law360.
National Law Journal Reports on ACLU Joining Brewer in First Amendment Case
December 13, 2023 — The National Law Journal reports that the ACLU is joining the Brewer firm as co-lead counsel in a First Amendment lawsuit for the NRA, NRA v. Vullo, which will soon be heard before the Supreme Court.
The article states that, while the ACLU has faced criticism for this "rare alliance" with the NRA, the organization "chose to partner with Brewer and the NRA, believing the First Amendment issue sufficiently important to cross ideological lines and try to secure the best possible outcome in the Supreme Court."
Securing the ACLU's support, the article notes, is a coup.
“At a certain point you can only have so many people on the team and make it an effective team that collaborates in the advocacy,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel for the NRA. “And we’re blessed to have some superstars.”