FOR THE RECORD
NRA Files Cert Petition with U.S. Supreme Court; Seeks Review of Case Against Former
New York Governmental Official Tied to “Blacklisting Campaign”
February 7, 2023 – The National Rifle Association of America (NRA) today filed a petition for a writ of certiorari with the U.S. Supreme Court, seeking review of a controversial judgment issued by the United States Court of Appeals for the Second Circuit in NRA v. Maria T. Vullo. The matter in question is one of the nation’s most high-profile First Amendment cases. First Amendment scholar Eugene Volokh joins as counsel on the brief.
As the former Superintendent of the New York State Department of Financial Services (DFS), Vullo, at the behest of former New York Governor Andrew Cuomo, allegedly wielded DFS's regulatory power to financially blacklist the NRA – coercing banks and insurers to cut ties with the Association, in order to suppress its Second Amendment speech. The lawsuit's allegations are explosive and include backroom threats by Vullo against regulated firms, accompanied by offers of leniency on unrelated infractions if regulated entities agreed to blacklist the NRA.
Editorial in Wall Street Journal Supports NRA’s First Amendment Case
December 27, 2022 – An editorial in the Wall Street Journal, “The NRA vs. the Censorship 'Mob,'” explores the NRA’s First Amendment case against former New York State Department of Financial Services (DFS) Superintendent Maria Vullo. The commentary was authored by attorneys David B. Rivkin Jr. and Andrew M. Grossman. Rivkin served at the Justice Department and the White House Counsel’s Office in the Reagan and George H.W. Bush administrations, while Grossman is a senior legal fellow at the Buckeye Institute.
The NRA twice prevailed against motions to dismiss its First Amendment case against former New York Governor Andrew Cuomo and Vullo. However, the Second Circuit recently reversed those holdings as they related to Vullo.
NRA Seeks Rehearing in Connection with Ruling that Dismissed Claims Against Former NYDFS Superintendent Maria Vullo
October 6, 2022 – The NRA today filed a petition with the United States Court of Appeals for the Second Circuit seeking a rehearing en banc in connection with the court's recent decision to reverse holdings by the trial judge in the NRA’s First Amendment case against former New York Department of Financial Services (NYDFS) Superintendent Maria Vullo. In its September 23, 2022, ruling, the three Democratic appointees to the court dismissed the claims against Vullo individually.
The case stems from the 2018 “blacklisting campaign” against the NRA, in which, the NRA alleges, former New York Governor Andrew Cuomo and Vullo attempted to coerce banks and other financial institutions from doing business with the NRA.
NRA Seeks Rehearing in Connection with Ruling that Dismissed Claims Against Former NYDFS Superintendent Maria Vullo
October 6, 2022 – The NRA today filed a petition with the United States Court of Appeals for the Second Circuit seeking a rehearing en banc in connection with the court's recent decision to reverse holdings by the trial judge in the NRA’s First Amendment case against former New York Department of Financial Services (NYDFS) Superintendent Maria Vullo. In its September 23, 2022, ruling, the three Democratic appointees to the court dismissed the claims against Vullo individually.
The case stems from the 2018 “blacklisting campaign” against the NRA, in which, the NRA alleges, former New York Governor Andrew Cuomo and Vullo attempted to coerce banks and other financial institutions from doing business with the NRA.
NRA Responds to Court Ruling, Continues With “Vigorous Defense”
September 29, 2022 – As reported by Law 360, “A New York state judge in Manhattan said it's too soon to rule out an independent compliance monitor as a potential remedy in state Attorney General Letitia James' financial probe of the National Rifle Association, rejecting the gun organization's bid to dismiss newly added claims.”
Justice Joel M. Cohen of New York County Supreme Court issued his decision from the bench, keeping intact the latest version of James’ August 2020 lawsuit against the NRA. Earlier this year, in March 2022, the NRA scored a major legal victory, as the court struck the NYAG's claims to dissolve the Association. That ruling confirmed the NYAG cannot shut down the NRA or seize its assets.
NRA Comments on Reversal of Lower Court Ruling That Dismisses Claims Against Former NYDFS Superintendent Maria Vullo
September 23, 2022 – A panel of three Democratic appointees in the Second Circuit Court of Appeals has reversed repeated holdings by the trial judge in the NRA’s First Amendment case against former New York Department of Financial Services (NYDFS) Superintendent Maria Vullo – and dismissed the claims against Vullo individually.
The case stems from the 2018 “blacklisting campaign” against the NRA, in which, the NRA alleges, former New York Governor Andrew Cuomo and Vullo attempted to coerce banks and other financial institutions from doing business with the NRA. At the time, a host of legal experts and constitutional scholars, including the ACLU, sided with the NRA and recognized the harrowing implications of such actions.
NRA to Appeal June 2022 Decision Dismissing Counterclaims Against NYAG
June 11, 2022 – The National Rifle Association of America (NRA) has filed notice that it is appealing the June 2022 decision that dismissed counterclaims against New York Attorney General Letitia James for depriving the Association and its members of their fundamental rights to free speech and association.
“There is an extraordinary public record that the NYAG, as a candidate, vowed to target the Association,” says William A. Brewer III, counsel to the NRA. “The NRA believes her actions against the Association were premediated – and impermissibly based on the content of the constitutionally protected free speech of the NRA and its members. The evidence reveals there is a direct link between the NYAG’s animus toward the NRA, her investigation, and the resulting harm it has caused. The NRA looks forward to appealing this decision.”
NRA Responds to Dismissal of
Counterclaims Against NYAG
June 10, 2022 – A New York court today dismissed the NRA’s counterclaims against New York Attorney General (NYAG) Letitia James. The NYAG filed a dissolution lawsuit against the NRA in August 2020.
In the opinion, the Hon. Joel M. Cohen recognized that the scope of the NRA’s counterclaims was narrowed as a result of his March 2022 dismissal of the NYAG’s dissolution claims. The NRA previously said that the dismissal vindicates the NRA’s position: The NYAG’s effort to shut down the Association ran afoul of common sense, New York law, and the First Amendment.
Commenting on today’s decision dismissing the counterclaims against the NYAG, NRA counsel William A. Brewer III said, “Naturally, we are disappointed in the opinion. However, we understand the court’s decision that certain counterclaims were rendered moot by the NRA’s recent victory against the NYAG – when the Court struck down her efforts to dissolve the Association. And, as the record reflects, the NRA is committed to good governance and is transparent about its efforts in that regard.”
NRA Fights Back Against NYAG's Move to
Appoint an "Independent" Monitor
June 6, 2022 – The NRA today filed a motion to dismiss the New York Attorney General's (NYAG) claim that an "independent" compliance monitor should be appointed to oversee the administration of the NRA. In its filing, the NRA states that the unprecedented request would "burden the First Amendment rights of the NRA and its millions of members."
On March 2, 2022, a New York court struck down attempts by NYAG James to dissolve the NRA – delivering a big win for the NRA. As Business Insider reports, since that loss, the NYAG "has amended her complaint but added no new factual allegations," the NRA filing states.
"Rather, she asserts a new cause of action which seeks the intrusive, unnecessary and unprecedented appointment of an 'independent' compliance monitor to oversee the administration of the NRA, answerable to the NYAG's own office as well as the Court," the filing continues.
"There is no colorable practical need, and no legal basis, for the NYAG to contrive a de facto takeover of the NRA to replace her defunct dissolution claims," it says.
"Rather, the parties should proceed with discovery and trial on the NYAG's previously existing claims, and the new one should be dismissed."
NRA Alleges NYAG's Office "Coordinated and Conspired" with Everytown for Gun Safety
April 12, 2022 – The NRA today filed its amended response to the remaining claims in the New York Attorney General's (NYAG) Verified Amended and Supplemental Complaint against the Association. In its response, the NRA alleges that the NYAG's office "coordinated and conspired with Everytown for Gun Safety, an entity which was founded to serve as a 'counterweight' to the NRA."
The NYAG filed a dissolution lawsuit against the NRA in August 2020. On March 2, 2022, a New York court struck down attempts by NYAG James to dissolve the NRA – delivering a big win for the NRA. The NRA is now defending against the surviving claims in the lawsuit.
The filing notes that, in February 2019, prior to launching her investigation into the NRA, senior representatives of NYAG Letitia James' office met with representatives of Everytown for Gun Safety about the NRA.
The complaint states, "A representative of OAG testified under oath that the purpose of the meeting between the representatives of James’s office and Everytown was for Everytown to advise the NYAG of a complaint about the NRA's 2017 IRS Form 990 filing."
However, the NRA states that "[be]cause Everytown was founded and exists solely to further Michael Bloomberg’s anti-gun agenda, Everytown is not a credible source of information about the NRA."
Two months after the meeting, NYAG James authorized an investigation of the NRA. The filing states, "James commenced a sweeping, costly, invasive, and concertedly publicized investigation of the NRA concerning types of purported misconduct that have never incited the same hostility for similarly situated, comparator charities."
After the NRA sought records related to the meeting between the NYAG's office and Everytown, both entities moved for a protective order, claiming in part that discovery was stayed and that compliance with the request for documents would be unduly burdensome for Everytown, the filing states.
The NRA further notes that "a representative of the NYAG in sum and substance refused to deny at a deposition that if the NYAG succeeded on her now-dismissed claims to dissolve the NRA, she planned to distribute some or all of the NRA’s assets to Everytown."
NRA Files Answer to NYAG
Complaint and Counterclaims
March 23, 2022 – The NRA today filed its verified answer to the New York Attorney General’s (NYAG) amended and supplemental complaint and counterclaims. The filing responds to the dissolution lawsuit filed by NYAG Letitia James, originally filed on August 6, 2020, and asserts several counterclaims against the NYAG for Violation of the NRA’s First and Fourteenth Amendment rights and Selective Enforcement of N.Y. Not-for-Profit Corporation law, among other claims.
According to the filing, “As a candidate for the New York State Office of the Attorney General, James promised [in 2018] that, if elected, she would ‘take down the NRA’ by wielding the enforcement powers she hoped to possess if she were elected as NYAG.” The filing explains that, upon being elected, James commenced her investigation into the NRA and later filed a lawsuit that seeks to shut it down. Her actions have drawn criticism from many legal experts and constitutional scholars, including the ACLU.
The filing states, “James’s threatened, and actual, regulatory and civil reprisals are a blatant and malicious retaliation campaign against the NRA and its constituents based on her disagreement with the content of their speech. Such conduct violates clearly established statutory and constitutional rights of which a reasonable person would have known.”
NRA Prevails Over NYAG:
Court Rules Association Cannot be Dissolved
March 2, 2022 – The NRA scored a major legal victory today, as a New York court struck down attempts by the New York Attorney General to dissolve the 150-year-old organization. Following a two-hour hearing on December 10, 2021, the Hon. Joel M. Cohen of the New York State Supreme Court issued an opinion today that vindicates the NRA’s position: the NYAG’s effort to shut down the Association ran afoul of common sense, New York law, and the First Amendment.
“This is a resounding win for the NRA, its 5 million members, and all who believe in this organization,” says NRA President Charles Cotton. “The message is loud and clear: the NRA is strong and secure in its mission to protect constitutional freedom.”
Law360 Reports on NRA Motion to Disqualify Dorsey & Whitney
February 23, 2022 – Law360 reports that the NRA filed a motion requesting that Dorsey & Whitney LLP, the law firm representing the NRA's former ad agency, Ackerman McQueen, be disqualified because of the firm's connection to a "side-switching" lawyer who previously worked for the NRA.
According to the report, "The NRA claimed in a motion Monday that a privilege log recently revealed that Dorsey & Whitney LLP worked briefly with Virginia lawyer Mark Dycio, who had advised the association on matters relevant to the case."
