Washington Examiner Reports on Brewer Client NRA’s Legal Victory Against ATF

April 2, 2024 – The Washington Examiner reported on Brewer client NRA and its recent legal victory over the ATF. A Texas court recently enjoined the “pistol brace rule” from taking effect against NRA members. The legal win is the most expansive ruling of its kind to date – protecting millions of NRA members across the nation.

As reported in the article, “Big Win for NRA in Battle with Biden’s ATF,” “The decision followed other court rulings protecting the 3.7 million members of three other gun groups from the ATF action that abruptly changed the definition of rifles to include the AR pistols, among the most popular firearms in the country. Under the new rules, they will be taxed and registered.”

“The NRA will continue to play offense against this unconstitutional rule,” says NRA interim EVP and CEO Andrew Arulanandam. “This is yet another example of the NRA fighting for its members — and protecting the constitutional freedoms in which they believe.”

New Republic Reports that NRA Appears to “Notch Another Victory” at Supreme Court

March 19, 2024 –New Republic Staff Writer Matt Ford writes that Supreme Court justices appear ready to side with the NRA in its First Amendment case against former New York State Department of Financial Services Superintendent Maria Vullo.

He writes in the article following the Supreme Court arguments in the matter that, "By the end of the arguments, it was clear that whatever uncertain winds were swirling at the outset had shifted decidedly in the NRA’s favor.”

Ford writes that it is “hardly surprising” that the NRA would interpret Vullo’s actions as “unconstitutional threats,” noting that he previously wrote describing former New York Governor Andrew Cuomo’s campaign against the NRA as being blunt and heavy-handed, and Cuomo’s messaging about the NRA as “particularly venomous.” Ford predicted that the former governor’s “overheated rhetoric and ham-fisted tactics will backfire when the court hands down a ruling by the end of June.”

The Brewer firm has represented the NRA on this matter since its inception, advocating alongside First Amendment scholar Eugene Volokh and the ACLU. 

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

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.

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.

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.”