Newsmakers: More Texas Firms Announce Partner Promotions
Brewer, Attorneys & Counselors Names Dallas Partner
January 22, 2024- Brewer, Attorneys & Counselors announced that its Dallas attorney Noah Peters was promoted to its partnership.
Peters brings extensive expertise in appellate advocacy, focusing on Labor & Employment and Civil Rights law. He has been a senior member of the team representing the National Rifle Association of America (NRA) in its First Amendment case against a former New York financial regulator. The U.S. Supreme Court in November accepted the case for review. Peters was previously the solicitor at the Federal Labor Relations Authority, a federal agency that administers the labor-management relations program for 2.1 million federal employees worldwide. In this senior-level position, Peters was the agency’s chief legal officer and briefed and/or argued 17 different cases before federal appellate courts, many of them involving novel questions of labor law and/or federal jurisdiction. He successful briefed, argued, and won numerous federal appeals, as well as the dismissal of multiple federal district court lawsuits.
Read the article here.
Law360 Publishes Expert Analysis by William Brewer on Threat to the Voting Rights Act
January 19, 2024 – Partner William Brewer writes in Law360’s “Access to Justice” section about a split among circuit courts regarding private citizens’ ability to sue under Section 2 of the Voting Rights Act (VRA). Section 2 of the VRA prohibits voting practices and procedures that discriminate on the basis of race, color or membership in a language minority group.
“If allowed to stand, the ruling imperils the ‘foundational’ right to self-government and creates a split among circuit courts regarding the standing of private citizens’ ability to sue – casting doubt on the future protection of voting rights in the United States,” Brewer writes.
He writes that while the Supreme Court upheld the VRA in Allen v. Milligan in June 2023, a ruling by the Eighth Circuit in Arkansas State Conference NAACP v. Arkansas Board of Apportionment threatens the VRA by finding that only the federal government can bring Section 2 VRA cases, not individuals and groups. Days before the Eighth Circuit decision, the Fifth Circuit affirmed the existence of a private right of action in Robinson v. Ardoin, creating the circuit court split.
Brewer emphasizes that since Section 2’s passage, hundreds of suits have been brought by private citizens serving as plaintiffs.
“If the case proceeded to the Supreme Court and the court were to rule that there is no private right of action, it would gut Section 2 and offer voters of color no individual power to seek remedies under the law. Such a ruling would nearly destroy the VRA,” Brewer writes.
Brewer concludes by urging that the private right of action must be clarified and that, “The prioritization of fairness and equal access to the voting process should ultimately prevail – to protect the rights of private plaintiffs and the freedoms that define our democracy.”
Read the article here.
Associate Malvina Palloj and Brewer Storefront Associate Director Katherine Leal Unmuth contributed to the article. The Storefront is the Brewer firm’s community service affiliate and has brought many successful Section 2 VRA cases in North Texas.
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:
Newsday Profiles William Brewer in Advance of New York Trial
On January 5, 2014, Newsday newspaper profiled partner William Brewer’s representation of the NRA in an article titled, “Democrat William Brewer Defends NRA in Crucial NY Lawsuit.”
Newsday editorial board member Thomas Maier wrote that Brewer is “used to the hot seat in tough cases.” The article appeared in the newspaper’s “The Point” daily newsletter feature, which takes readers “behind closed doors into the New York political scene” and aims to provide must-read, exclusive insights into local and city politics and policy.
Trial is scheduled to begin on January 8 in the high-profile case between the New York Attorney General (NYAG) and the NRA.
“With respect to the NYAG trial, the NRA is prepared and ready,” Brewer told Newsday. “The NRA will defend its governance efforts in support of the freedoms it fights to defend.”
Maier wrote that Brewer contends the NRA is being unfairly singled out by the NYAG because of its advocacy of gun rights favored by conservatives who are her political opponents. “The NRA believes this was motivated by James’s [campaign] promise she would go after the NRA if elected,” Brewer said earlier this week in an interview with The Point.
Newsday is a daily newspaper that covers news on Long Island, New York. The publication shared some Long Island facts about Brewer in the article, including that he grew up in Baldwin, worked as a Newsday paperboy and graduated from Maria Regina Diocesan High School in Uniondale, now known as Kellenberg Memorial.