FOX News Reports on NRA Appeal
March 15, 2023 – FOX News reported today on Brewer client, the National Rifle Association of America (NRA), and its appeal of a June 2022 legal decision dismissing the Association’s First Amendment and Equal Protection Clause counterclaims against New York Attorney General Letitia James.
The article, “NRA digs in for legal fight against woke prosecutor over alleged ‘roadmap’ of abuse,” observes that the NYAG filed a dissolution lawsuit against the NRA in August 2020, following her campaign declarations in 2018 that she would investigate the NRA if she was elected. She had described the NRA as a “criminal enterprise” and “terrorist organization.” The NYAG assumed public office and, exactly as she promised her supporters, launched a campaign against the NRA in April 2019, and, approximately a year later, filed a well-publicized lawsuit against the NRA – billed by her as the suit to dissolve the NRA. The NRA filed counterclaims in July 2021, and supplemented its filing in April 2022.
The NRA alleged that James’s campaign to shut down the NRA was motivated by a desire to silence its pro-Second Amendment advocacy. On June 10, 2022, the New York Supreme Court dismissed the counterclaims without allowing discovery. Citing cases arising in the criminal context, the Court contended that the NRA was required to show that the NYAG had no probable cause to investigate it to state a claim under the First Amendment.
In its appeal, filed in the Appellate Division, First Department, the NRA states that the "lower court’s opinion practically draws a roadmap for how officials can abuse state power to destroy the ability for non-profits to advocate for positions disfavored by the government. An official can run for office with the stated aim of taking adverse action to a silence a disfavored speaker."
Brewer partner William A. Brewer III tells FOX, “The NRA believes the motivation for her [the NYAG]…campaign against the Association is clear: she desired to silence the organization and its Second Amendment advocacy.”
Brewer Storefront, Voting Rights Act Plaintiff Prevail in Fifth Circuit
Decision “Leaves the Door Open” for Future Plaintiffs to Bring VRA Cases – No Matter Their Ethnicity
March 14, 2023 – The Brewer Storefront and Voting Rights Act plaintiff Frank Vaughan scored an important victory in an appeal to the U.S. Court of Appeals for the Fifth Circuit that may change the landscape of the Voting Rights Act.
The Storefront argued that Vaughan, a white man, had standing to bring a case challenging an at-large voting system in Lewisville Independent School District (LISD), which diluted the votes of minority members of the community. Filed in 2019, the case sought to “extend the law” – allowing citizens, no matter their ethnicity, to bring a lawsuit under Section 2 of the Voting Rights Act to address voter dilution.
The LISD School Board utilizes an “at-large” voting system – which allegedly dilutes the votes of non-whites in an increasingly minority school district. LISD argued Vaughan lacked standing and failed to create a genuine issue of material fact, as Vaughan “is not a member of any minority group he seeks to advocate for in his lawsuit (i.e., Asian, Black or Hispanic).”
The district court dismissed the case. LISD argued Vaughan’s lawsuit was frivolous, moved for sanctions, and was awarded almost $50,000 in attorneys’ fees.
The Storefront appealed, arguing Vaughan’s standing argument was no only meritorious, but that there was no precedent to foreclose Vaughan’s legal argument. Vaughan sought to establish a new legal standard – advocating that he did have standing as an aggrieved party residing within LISD. The Storefront successfully argued that sanctions were unwarranted. In an opinion, dated March 9, 2023, the Fifth Circuit confirmed there is no legal precedent barring Vaughan from pursuing a Voting Rights Act case.
The Storefront is the legal community service affiliate of Brewer, Attorneys & Counselors.
Writing for the Fifth Circuit, Circuit Judges Patrick E. Higginbotham, S. Kyle Duncan, and Kurt D. Engelhardt, stated, “We conclude that sanctions against Vaughan were unwarranted because precedent in this circuit does not squarely foreclose his legal argument and because he sought to extend existing law. [The] argument is not sanctionable simply because the district court concluded it was wrong, particularly given the ongoing evolution in courts’ views on standing in redistricting cases.”
“We achieved a primary goal in this case: to unsettle the view on standing adopted by the trial court, which denied a citizen the right to pursue a Voting Rights Act case,” says William A. Brewer, counsel to Mr. Vaughan and partner at Brewer Storefront. “In our view, Mr. Vaughan’s lawsuit had merit – and we applaud him for having the courage to pursue it.”
Brewer adds, “The Fifth Circuit wisely left the door open for future plaintiffs – of any ethnicity – to carry on this type of pursuit. We believe voting systems work best when they are more inclusive, giving everyone a voice in the electoral process.”
LISD has undergone dramatic demographic change in recent decades. About 25 years ago, approximately 84% of the district’s students were white, according to the Texas Education Agency. Whites now make up 41.3% of the enrollment; Hispanic students nearly 30%; Asian-American students about 14%; and Black students 10.7%.
Joining Mr. Brewer in this matter were associate Cory Ford and Public Affairs manager Katherine Leal Unmuth.
Founded in 1995, the Storefront the Storefront handles individual matters that often establish legal precedent and make a long-term, positive impact on the community at large.
The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions. The Storefront successfully resolved Voting Rights Act cases with the Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.
Local Media Celebrates IPPF, Advancing Students
March 7, 2023 – The Scottsdale Independent joined many other local news publications this week in celebrating the Brewer Foundation/NYU International Public Policy Forum (IPPF) and its student competitors.
The IPPF recently announced the advancing “Sweet 16” teams in this global debate contest. The teams remain eligible to win an all-expenses-paid trip to the IPPF Finals in New York City in May, where the IPPF World Champion will be awarded a $10,000 grand prize.
Founded in 2001 by the Brewer Foundation and now jointly administered with New York University, the IPPF is one of the largest and most competitive high school debate contests in the world.
Read the report.
International Public Policy Forum Announces Advancing “Sweet 16” Teams
February 22, 2023 – Hundreds of debate teams from around the world entered the 2022-23 International Public Policy Forum (IPPF) competition, but only 16 remain. By advancing into the "Sweet 16" round, the teams remain eligible to win an all-expenses-paid trip to the IPPF Finals in New York City, where the IPPF World Champion will be awarded a $10,000 grand prize. Founded in 2001 by the Brewer Foundation and now jointly administered with New York University, the IPPF is one of the largest and most competitive debate contests in the world.
The advancing teams are:
Amity Regional High School in Woodbridge, Connecticut
BASIS Scottsdale in Scottsdale, Arizona
Bergen County Debate Club in Fort Lee, New Jersey
EEC Debate in Toronto, ON, Canada
H.Edu Institute in San Mateo, California
Hamilton High School (Team 2) in Chandler, Arizona
The Hockaday School in Dallas, Texas
Ivy Bridge Academy in Johns Creek, Georgia
John Handley High School in Winchester, Virginia
Mountain View-Los Altos Speech and Debate in Mountain View, California
Mountain Vista High School in Highlands Ranch, Colorado
Notre Dame San Jose in San Jose, California
Oxbridge Academy in West Palm Beach, Florida
Potomac Oak in Rockville, Maryland
UWC South East Asia in Singapore
Wasatch Independent Debate League in Riverton, Utah
The IPPF is the first and only competition that gives high school students worldwide the opportunity to engage in written and oral debates on issues of public policy.
“The teams advancing demonstrate excellence at research, writing, and advocacy,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and a founder of the IPPF. “The 16 teams remaining will compete in a final round of written debates – in hopes of moving on to oral debates during the IPPF Finals in New York City.”
The IPPF’s 22nd annual competition began in October 2022, as 220 teams, representing schools in 22 countries and 31 U.S. states, submitted qualifying round essays affirming or negating the IPPF topic, “Resolved: The North Atlantic Treaty Organization (NATO) is an effective model for international cooperation.” Those essays were reviewed by a committee, which determined the top 64 teams based on the overall quality of each 2,800-word essay.
In November, the top 64 teams began a single-elimination, written debate competition. Each team was assigned a position (affirmative or negative) and then volleyed papers back and forth with another team via email for the next six weeks. A panel of judges reviewed the essays and selected the winning teams. The “Top 32” teams then engaged in a new round of written debates, which culminated in the announcement of the “Sweet 16” teams. Those teams now begin the final written round of competition.
On March 30, the “Elite 8” teams will be announced. The final eight teams win a trip to New York City to compete in the IPPF Finals on May 6, 2023. The IPPF Finals give students the opportunity to supplement their written scholarships with oral advocacy. Judges will include Brewer and New York University President Emeritus John Sexton, among others. The winning team will take home the “Brewer Cup” and the $10,000 grand prize.
New York Law Journal Reports on NRA Cert Petition to SCOTUS
February 8, 2023 — The New York Law Journal reports that Brewer client the National Rifle Association of America (NRA) is asking the U.S. Supreme Court to consider its suit against former New York Department of Financial Services Superintendent Maria Vullo, "whom the gun-rights advocacy group accused of threatening insurers because they did business with the NRA."
According to the NRA, Vullo and former New York Governor Andrew Cuomo engineered a 2018 “blacklisting campaign” against the NRA. The Association filed a lawsuit in May 2018, alleging the campaign was retaliation for the NRA’s viewpoint of speech. The State of New York filed a Motion to Dismiss, and, on November 6, 2018, U.S. District Judge Thomas J. McAvoy issued a highly-anticipated decision, which upheld the NRA’s First Amendment freedom-of-speech claims — the crux of its complaint. That decision was overturned by the United States Court of Appeals for the Second Circuit on September 22, 2022.
The New York Law Journal notes that the petition for a writ of certiorari was signed by NRA's counsel, William Brewer III, and First Amendment scholar and law professor Eugene Volokh. Together, they argue that the Second Circuit’s opinion “gives state officials free rein to financially blacklist their political opponents—from gun-rights groups, to abortion-rights groups, to environmentalist groups, and beyond.”
“It also permits selective investigations and penalties targeting business arrangements with disfavored speakers, even where the regulator premises its hostility explicitly on an entity’s political speech and treats leniently, or exempts, identical transactions with customers who lack controversial views,” they wrote.
Brewer told the Journal that reversal of the Second Circuit’s ruling is “important not only to the NRA but all advocacy groups that rely upon the protections of the First Amendment.”
NRA Files Cert Petition with U.S. Supreme Court; Seeks Review of Case Against Former New York Governmental Official Tied to “Blacklisting Campaign”
February 8, 2023 – Brewer, Attorneys & Counselors client, the National Rifle Association of America (NRA), filed a petition on February 7, 2023, 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.
The NRA's First Amendment claims withstood multiple motions to dismiss during the course of 2018 – 2020. But in 2022, after Vullo appealed the trial court's ruling on qualified immunity, the Second Circuit struck down the NRA's claims – ruling, among other things, that in an era of “enhanced corporate social responsibility,” it was reasonable for New York's financial regulator to warn banks against servicing gun groups.
“The NRA is pursuing judicial review of a record that is equally disturbing and unconstitutional: New York state officials weaponizing the powers of their office against a political adversary,” says William A. Brewer III, counsel to the NRA. “This case is important not only to the NRA but all advocacy groups that rely upon the protections of the First Amendment.”
Along with Volokh, Brewer is joined on the brief by firm partner Sarah B. Rogers and counsel Noah B. Peters.
The Dallas Morning News Reports on Brewer Storefront Client, Lawsuit Against Chase Bank
January 25, 2023 – The Dallas Morning News reports that Brewer Storefront client Shirley Ison-Newsome, a former longtime Dallas Independent School District administrator, alleges she was the victim of a financial scam reported to JPMorgan Chase – and the bank allegedly failed in its obligation to protect her funds. Ms. Ison-Newsome has filed a lawsuit against Chase alleging negligence, among other claims.
The article, “Two elderly scam victims in Dallas demand Chase recover $55,000 in stolen funds,” reports that someone stole thousands of dollars from Ison-Newsome. She and another, unrelated female fraud victim reportedly alerted Chase to stop questionable withdrawals – but Chase contends the women authorized the transfers and can do little about it. Ison-Newsome’s lawsuit alleges that her bank account was drained by more than $51,000.
Ison-Newsome says she was on her computer when she received a notice she had been hacked and was provided a phone number to call. A phone representative said they could work with her bank to protect her account. She became uncomfortable with exchange, and went immediately to Chase Bank the next morning to file a report. She was assured by bank officials her money was still in her account, as she had timely reported the potential scam. Chase allegedly froze her old account, and helped her set up a new one – to protect her assets. Ison-Newsome says that when she logged into the new account about a week later, the money was gone.
“I worked all my life,” she said. “I paid my bills on time. I tried to do the right thing. I’ve been with Chase for over 20 years, and I trusted Chase.”
The Season for Celebration – FLP Students Secure College Offers
Students from the Brewer Foundation Future Leaders Program (FLP) have a lot to celebrate heading into the new year: acceptances into some of the nation’s most prestigious colleges and universities.
Student Raul Lopez, who attends the Barack Obama Male Leadership Academy, was accepted to Northwestern University. Student Erica Salazer, who attends the Yvonne A. Ewell Townview Center – Law Magnet, was accepted to Southern Methodist University. Student Judith Rodriguez, who attends Irma Lerma Rangel Young Women’s Leadership School, was accepted to Grinnell College through a match as a QuestBridge Scholar.
Founded in 2001, the FLP is a public-private partnership that provides academic training, mentoring and counseling to deserving students from the Dallas Independent School District (DISD). The programs partners teachers and administrators from DISD, The Hockaday School, St. Mark’s School of Texas, The Episcopal School of Dallas, and the Greenhill School.
As the first program of its kind, the FLP has helped its students earn more than $12.5 million in scholarship offers since its inception.
“Testament to the program’s success is the ‘report card’ on where many of these amazing students go to college,” says William A. Brewer III, a founder of the FLP. “They are beginning an incredible academic journey, which holds promise for themselves, their families, and the community. We could not be more proud of all they continue to achieve or the promise of their horizons.”