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.
Law360 Reports Amicus Brief Filed by the Federal Government in NRA's First Amendment Case Before the Supreme Court
January 17, 2024 – Law360 reports that the federal government filed an amicus brief with the U.S. Supreme Court in connection with the National Rifle Association's (NRA) lawsuit against a former New York state regulator.
The report states that, in the brief, the "federal government said the NRA's allegations concerning the February 2018 meetings that former New York Financial Services Superintendent Maria T. Vullo had with Lloyd's of London provide a 'straightforward basis' for rejecting the Second Circuit's finding that no coercion occurred."
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.
"Importantly, the solicitor general recognizes that the actions of defendants alleged in the complaint state a claim that Vullo was attempting to suppress our client's Second Amendment advocacy," William A. Brewer III, counsel for the NRA, told Law360. "The government reaches the same conclusion as many others: the Second Circuit erred in rejecting the association's claims."
Law360 writes that the federal government's filing is "among the roughly two dozen amicus briefs that have been submitted since the NRA filed its opening brief early last week. While a few claim to support neither party, the bulk of the briefs appears to support the NRA's position, such as the one led by Sen. Tedd Budd, R-N.C., and Rep. Richard Hudson, R-N.C., and backed by 17 Senate members and 62 House representatives."
The Washington Times: Dozens of GOP Lawmakers Back NRA in Free Speech Challenge at Supreme Court
January 15, 2024 – Eighteen members of the United States Senate and 63 members of the United States House of Representatives today submitted a joint amicus brief in support of the National Rifle Association of America's (NRA) federal lawsuit against Maria Vullo, the former superintendent of the New York Department of Financial Services (DFS). The U.S. Supreme Court is expected to hear the case in March or April.
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, at the behest of former New York Governor Andrew Cuomo, took aim at the NRA and 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 campaign singled out the NRA’s financial relationships on account of the organization’s First Amendment-protected advocacy for gun rights, speech Vullo maligned as ‘promot[ing] guns that lead to senseless violence,’” the brief reads.
Senator Ted Budd (R-NC) told The Washington Times, “Left-wing New York state officials have attempted to weaponize the state government to punish a political group purely because they believe in Second Amendment rights. This blatantly unconstitutional action fundamentally undermines the right of free speech and equal justice under law. Other states and jurisdictions are no doubt watching.”
Sen. Budd and Rep. Richard Hudson (R-NC) led the effort to file the brief.
“If New York state can financially blacklist a large organization like the NRA, what’s to stop a smaller group in another state from facing the same threat and not having the ability to defend itself? The Constitution’s basic tenets are at stake in this case, and I’m proud to team up with my friend Rep. Hudson to defend the First Amendment right of freedom of expression,” Sen. Budd said.
“This blatant attempt by Left-wing officials in New York to harass advocacy groups and suppress free speech should concern every American,” Rep. Jim Jordan (R-OH) told The Times. “We must stop government agencies from weaponizing their power to undermine our constitutionally protected freedoms.”
To read the brief, click here.
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.
Brewer Comments on ACLU Joining Firm as Co-Counsel in First Amendment Supreme Court Case
December 11, 2023 – Brewer, Attorneys & Counselors joins the National Rifle Association of America (NRA) in welcoming the ACLU as co-counsel in the NRA’s First Amendment case against former New York State financial regulator Maria T. Vullo.
The Brewer firm has represented the NRA in this matter since its inception, and the United States Supreme Court accepted the case for review on November 3, 2023.
The case has become among the most closely watched First Amendment cases in the country.
As reported by The New York Times, “…when the Supreme Court agreed to hear the NRA’s free speech challenge to what it said were a New York official’s efforts to blacklist it, one of the lawyers had a bold idea. Why not ask the ACLU to represent it before justices?”
“The NRA might be thought of as the 800-pound gorilla on the Second Amendment…clearly, the ACLU is the 800-pound gorilla on the First Amendment,” firm partner Bill Brewer told the Times.
Brewer stated today, “We look forward to collaborating with the ACLU, Eugene Volokh, and others on this advocacy team. These lawyers and dozens of amici speak to the importance of the NRA’s case and sends a powerful message to New York State regulators: the NRA will always defend its right to free speech.”
Joining Brewer in representing the NRA are ACLU Legal Director David Cole, attorney Eugene Volokh, firm partner Sarah B. Rogers and firm counsel Noah B. Peters.
New York Times Reports on NRA First Amendment Case, ACLU Joins Brewer as Co-Counsel
December 9, 2023 - The New York Times reported today on the ACLU joining the Brewer firm as co-counsel in the NRA’s First Amendment case against former New York State financial regulator Maria T. Vullo.
The case has become among the most closely watched First Amendment cases in the country. The United States Supreme Court agreed to hear the case on November 3, 2023.
As reported, “…when the Supreme Court agreed to hear the NRA’s free speech challenge to what it said were a New York official’s efforts to blacklist it, one of the lawyers had a bold idea. Why not ask the ACLU to represent it before justices?”
“The NRA might be thought of as the 800-pound gorilla on the Second Amendment…clearly, the ACLU is the 800-pound gorilla on the First Amendment,” firm partner William Brewer told the Times.
Joining Brewer in representing the NRA are ACLU Legal Director David Cole, attorney Eugene Volokh, firm partner Sarah B. Rogers and firm counsel Noah B. Peters.
Read MORE.
Insurance Journal Reports on Supreme Court Hearing NRA Case
November 6, 2023 – The Insurance Journal reported today on the U.S. Supreme Court agreeing to hear the NRA’s First Amendment case against former New York Department of Financial Services Superintendent Maria Vullo.
As reported, “The NRA has claimed that former New York Department of Financial Services Superintendent Maria T. Vullo infringed its First Amendment rights when she spoke out against gun violence and issued a press release and guidance letters urging banks and insurance companies in New York to consider not doing business with gun groups including the NRA.”
The NRA was appealing a 2022 ruling by the New York-based 2nd U.S. Circuit Court of Appeals, which said Vullo's actions did not constitute unlawful conduct. The appeals court ruling "gives state officials free rein to financially blacklist their political opponents," the NRA's lawyers said in court papers.
The NRA’s lawyer, William A. Brewer, said the NRA is ready to argue its case before the Supreme Court.
“We are grateful the Supreme Court will review this First Amendment case and excited by the opportunity to argue to the Court that a government regulator cannot take adverse action against its political enemies,” said Brewer in a statement. “The ruling from the Second Circuit condones public officials having unbridled power to attack those with whom they disagree.”
To read more, click here.
NBC, CNN, and Others Report on Supreme Court Granting Review of NRA Case
November 4, 2023 - NBC News, CNN, The New York Times, The Hill, and other media outlets reported today that the U.S. Supreme Court has agreed to hear the NRA's free speech case against Maria Vullo, the former head of the New York State Department of Financial Services.
As reported by NBC, "The Supreme Court on Friday agreed to hear the National Rifle Association's claim that a New York state official's alleged role in urging companies to end ties with the gun rights group constituted unlawful coercion."
The NRA was appealing a 2022 ruling by the New York-based 2nd U.S. Circuit Court of Appeals, which said Vullo's actions did not constitute unlawful conduct. The appeals court ruling "gives state officials free rein to financially blacklist their political opponents," the NRA's lawyers said in court papers.
As reported by The Hill, "In April 2018 — two months after the deadly mass shooting at a Parkland, Fla., high school — Maria Vullo, former superintendent of the New York State Department of Financial Services, urged banks and insurers to consider the “reputational risks” of working with the NRA, according to court filings. The gun rights group filed suit against Vullo and former New York Gov. Andrew Cuomo (D), saying the NRA had “suffered tens of millions of dollars in damages” due to the officials’ “blacklisting” of the group in violation of their First Amendment rights.
The Brewer firm has represented the NRA in this matter since 2018.
Speaking of today's developments, Brewer partner William A. Brewer III said, "We are grateful the Supreme Court will review this First Amendment case and eager to argue to the Court that government officials who take adverse action against their political enemies do so at their own risk. The ruling from the Second Circuit, which the Court will review, condones public officials having unbridled power to attack those with whom they disagree. Lawyers live for these moments: the opportunity to advocate for clients on their most important matters – on the biggest stage.”
See below to read more:
“Supreme Court takes up NRA coercion claim against former New York official,” NBC
“Supreme Court to hear NRA’s claim a New York agency coerced businesses to drop ties to gun rights group,” CNN
“Supreme Court to Hear N.R.A.’s Free Speech Case Against New York Official,” The New York Times
“Supreme Court to hear NRA free speech lawsuit against NY official,” The Hill