Houston Public Media Reports on Texas Voting Rights Initiative

March 19, 2024 – Houston Public Media reports on warning letters sent by Brewer Storefront to two Houston-area school districts notifying them that their at large election systems used for electing school board trustees could be violating Section 2 of the Voting Rights Act. Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors.

Letters were sent to 11 Texas school districts as a part of Brewer Storefront's newly launched Texas Voting Rights Initiative. The letters request that Houston area school districts Angleton ISD and Humble ISD adopt single member district election systems that create at least one opportunity district for Hispanic voters. 

The article notes that Brewer Storefront has brought several Voting Rights Act challenges against school districts and municipalities in Texas.

The article notes that, “Brewer Storefront, which has made legal challenges that prompted similar changes at five school districts in the Dallas area, said a lack of diversity and equitable geographic representation on school boards can result in disenfranchised voters, underfunding and achievement gaps for both schools and their individual students.”

The article reports that Sergio Lira, a Houston League of United Latin American Citizens (LULAC) leader,  praised Brewer Storefront for highlighting Texas school districts that could have more equitable and reflective representation on their boards. 

Houston Public Media quoted Brewer Storefront Chairman William A. Brewer III stating that, "We urge these school districts to take proactive steps in adopting election systems that comply with the Voting Rights Act and create districts that give voters of color a fair opportunity to participate in the electoral process. We believe our political institutions work best when they give all voters an opportunity to elect candidates of their choosing."

Read more here.

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."

New York Sun Reports on Supreme Court Argument

March 14, 2024 – The New York Sun reports on an upcoming Supreme Court argument in the NRA v. Vullo matter. According to the Sun, an “epic First Amendment clash” surrounds the legal case – filed in 2018 by the NRA against former New York state financial regulator Maria T. Vullo.

According to the article, “The NRA – noting the immense power of New York financial regulators to oversee licensing, impose fines, and launch investigations – contends that the superintendent of the state’s Department of Financial Services, Maria Vullo – under the direction of Governor Cuomo – abused that power by encouraging insurers and banks to blacklist the NRA because of their distaste with the group’s Second Amendment advocacy.”

“If the NRA prevails, it will be positioned to pursue damages against Governor Cuomo, Maria Vullo, NYAG Letitia James, and the State of New York. The message will be loud and clear: the First Amendment belongs to the people, and public officials cannot wield government power to censor, suppress, or bankrupt their political enemies,” NRA’s counsel, William A. Brewer III, tells the Sun.

The case is important to any advocacy organizations that rely on First Amendment protections, he added.

See the report here: The Sun

Fort Worth Star-Telegram Reports on Brewer Storefront Voting Rights Efforts in Tarrant County

March 13, 2024 – The Fort Worth Star-Telegram newspaper reports on Brewer Storefront and its newly-announced Texas Voting Rights Initiative (TVRI). As reported, the Storefront sent warning letters to two school districts in Tarrant County – Arlington Independent School District and Eagle Mountain-Saginaw Independent School District.

The letters accuse the school districts of violating the Voting Rights Act of 1965 and denying voters of color an equal opportunity to elect candidates of their choice.  Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors.  Announced on March 7, 2024, the TVRI will continue to analyze voting systems used for electing school board trustees and city council members across Texas, advance written scholarship, and pursue legal action to uphold and strengthen voting rights.  

“What we’re hoping is that the letters would be greeted with a positive response and that the outcome would be an invitation to work with our experts to help define a voting system that actually encourages participation and engender change,” William Brewer III told the Star-Telegram.

The report noted that Brewer stated that he hopes the school districts will work with his team to address the issues, but the firm is also prepared to effect change through the courts.

 Read more here.

Brewer Storefront Files Motion for Leave to File Amicus Brief in Fifth Circuit Voting Rights Case

February 22, 2024 —Brewer Storefront filed a motion for leave to file an amicus brief in support of plaintiffs in the Petteway v. Galveston County case before the U.S. Court of Appeals for the Fifth Circuit. The Storefront is the pro bono community service affiliate of Brewer, Attorneys & Counselors.

The matter at issue concerns whether coalitions of minority voters – in this case Latino and Black voters – can continue to together bring Section 2 Voting Rights Act (VRA) claims. This includes situations where they constitute a group that is geographically compact and politically cohesive that forms a majority in a single member district. The Petteway case concerns Galveston County Commissioner redistricting maps.  The Storefront typically brings its voting rights cases under Section 2, which prohibits voting practices or procedures that discriminate based on race, color, or membership in a language minority group.   

The amicus notes that the Fifth Circuit was the first Federal Circuit to expressly allow minority coalition claims and has continued to do so. The brief cites the history of the Fifteenth Amendment and the suppression of minority voter rights that followed it. The brief states, “it is clear that the VRA is intended to broadly protect minority voting rights, including coalition claims, not limit protections of certain minority groups based on the composition of the group facing disenfranchisement.”

The brief adds that barring coalitions would gut the VRA, concluding that, “If Defendants are successful in this appeal, coalitions of minority litigants will have no meaningful opportunity to challenge demonstrably discriminatory practices that abridge their right to vote or dilute the power of their votes across the Fifth Circuit. Such action would frustrate Congress’ clearly stated purpose for enacting the VRA in 1965 and subsequently reauthorizing it 5 times over the next 40 years—effectively gutting the VRA as to a wide array of minorities.”

Since it opened in 1995, the Storefront has brought numerous successful Section 2 VRA cases lawsuits on behalf of Latino, African American and Asian voters across North Texas. The Storefront has brought coalition claims before, including in the current Shafer v. Pearland Independent School District case. Most recently, on August 18, 2023, it was announced that the Storefront successfully resolved a Voting Rights Act case with the Lewisville Independent School District (LISD) – paving the way for a new electoral system in LISD. 

The Storefront has successfully challenged many at-large election systems and unfairly drawn single-member districts. Under the Voting Rights Act, those lawsuits alleged that such systems deny voters of color a fair opportunity to meaningfully participate in the electoral process – and to elect school board representatives or city council members of their choosing.   

 “We ask the Fifth Circuit to uphold the standing of voters of color to combine in coalition classes to challenge voting systems that deny minorities an equal opportunity to vote,” said William A. Brewer III, partner at Brewer Storefront. “Given the increasingly multiracial composition of our democracy, coalition cases should be allowed to continue under the Voting Rights Act of 1965. Any effort to bar coalition claims is a transparent effort to suppress minority votes.”

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.

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.