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.
Law 360 Reports on NRA Trial, Closing Arguments
February 15, 2024 - Law360 reported on the conclusion of a six-week trial concerning the New York Attorney General Letitia James’ (NYAG) case against the National Rifle Association of America (NRA) in New York.
The NYAG filed suit against the NRA, former CEO and Executive Vice President Wayne LaPierre, former CFO Wilson Phillips, General Counsel John Frazer, and former Chief of Staff Joshua Powell in August 2020, alleging defendants misspent millions of dollars and that the NRA and executives steered vendor contracts to insiders. The Brewer firm represents the NRA in the case.
The report noted that the NRA said its board was a victim of improper spending by executives and that the Association instituted compliance reforms once that alleged misconduct came to light.
"The essence of fraud is that it's a lie. The victim doesn't know about it," Brewer Partner Sarah Rogers told the jury. "What the NRA did when it discovered the fraud was, it dug in. ... The NRA left no stone unturned."
Rogers added that the NYAG sued the NRA because she "despised" the group, and that she tried "to impose the death penalty on it and take all its money" – through a corporate dissolution claim that was dismissed in March 2022.
Read more here.
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.
New York Law Journal, The New York Times, AP, and Others Report on NRA Trial Proceedings
January 9, 2024 – Trial proceedings for the New York Attorney General's (NYAG) case against the National Rifle Association of America (NRA) began this week in New York. As reported, in opening arguments for the NRA, Brewer partner Sarah B. Rogers told jurors that the NRA is a victim in the civil fraud lawsuit.
“This is an unusual lawsuit,” Rogers said. “Any damages you award in this case will be paid to the NRA. The government acknowledges that my client is the victim.”
NYAG Letitia James filed suit against the NRA, former CEO and Executive Vice President Wayne LaPierre, former CFO Wilson Phillips, and General Counsel John Frazer in August 2020, "alleging the improper use of tens of millions of dollars of charitable funds and breach of fiduciary duty," the New York Law Journal (NYLJ) reported. Former NRA Chief of Staff Josh Powell reached a settlement with the NYAG's office prior to trial.
As noted in media reports, Rogers said there was no question that some individuals, some executives, an ad agency, a travel agent "betrayed" the nonprofit’s mission. But, she said, “The only question is why the NRA, the victim...is a defendant in this case."
Rogers noted that Mr. LaPierre has been a valuable and visionary leader for the NRA and its mission.
The NYLJ reported that Rogers personally requested to deliver the NRA's opening statement, as someone who grew up in New York City and considered the need for a gun only after being attacked by two men.
"The decision to own a firearm does not just belong to the king, or the militia, or the cops. In America, it's yours," Rogers said.
Trial is expected to last six weeks.
To read more about the NRA's opening arguments, click the following links:
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.”