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.
Brewer, Attorneys & Counselors Names Three New Partners: Jason Snyder and Will Brewer IV in New York, and Noah Peters in Dallas
January 3, 2024 – Brewer, Attorneys & Counselors announces that three attorneys have been promoted to its partnership – Jason Snyder and Will Brewer IV in New York, and Noah Peters in Dallas. The announcements highlight another successful year for the firm, as it prepares for trials in New York, Texas, and Delaware and celebrates a string of successful outcomes with the Brewer Storefront, the firm’s community-service legal affiliate.
“We are excited to move these talented professionals into senior leadership positions,” said William A. Brewer III, founding partner of Brewer, Attorneys & Counselors. “These promotions reflect the value of their contributions – and speak to our commitment to continuously reward excellence, cultivate talent, and position the firm for success in high-stakes advocacy.”
Jason Snyder
Partner, New York City
With a robust background in commercial litigation, Snyder’s experience includes representing diverse clients, including financial institutions, healthcare companies, and a prominent multistate cannabis entity. At Brewer, Snyder is particularly active in the hospitality practice group – representing owners, developers, and management companies in some of the industry’s most high-profile matters.
Snyder began his legal career at Cahill, Gordon & Reindel LLP, representing issuers, underwriters, and initial purchasers of equity and debt securities from Cahill’s offices in New York and London. He also served as Of Counsel at Paduano & Weintraub LLP, where he represented individuals, financial institutions, healthcare companies, and one of the largest vertically integrated multistate cannabis companies in the United States in state and federal litigation, arbitration, and appeals. He received his Juris Doctor degree from Harvard Law School and his bachelor’s degree in political science from Queens College – CUNY.
Will Brewer IV
Partner, New York City
Brewer’s practice focuses on complex commercial litigation and dispute resolution, with a particular focus on employment issues. In recent years, he has built a thriving labor and employment practice at the firm, where he has successfully represented parties in disputes from initial stages through resolution. With oversight from Brewer IV, the practice group helps the firm’s corporate and nonprofit clients ensure compliance with state and federal regulations, while also providing strategic counsel on matters of significance. Brewer’s current docket includes representing individual clients on matters regarding wrongful termination, harassment, and discrimination. Brewer is instrumental in the firm’s national recruiting efforts – helping to expand its roster of lawyers, business professionals, and communications experts.
Prior to joining the Brewer firm in September 2018, Brewer was an associate at Weil, Gotshal & Manges LLP in New York, where he practiced complex commercial litigation with a focus in entertainment and media. Brewer has also worked as an associate at Withers Worldwide, where he represented clients in the art industry. Brewer received his Juris Doctor degree from New York University School of Law and a bachelor’s degree in government from Colby College.
Noah Peters
Partner, Dallas
Based in the Dallas office, 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. In November 2023, the U.S. Supreme Court 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 successfully briefed, argued, and won numerous federal appeals, as well as the dismissal of multiple federal district court lawsuits.
Peters holds a Juris Doctor degree from The University of Virginia School of Law, an M.A. in American legal history, and bachelor’s degree in politics and history from The University of Virginia.
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.”
Brewer Comments on ACLU Joining Firm as Co-Counsel in First Amendment Supreme Court Case
December 11, 2023 – Brewer, Attorneys & Counselors joins the National Rifle Association of America (NRA) in welcoming the ACLU as co-counsel in the NRA’s First Amendment case against former New York State financial regulator Maria T. Vullo.
The Brewer firm has represented the NRA in this matter since its inception, and the United States Supreme Court accepted the case for review on November 3, 2023.
The case has become among the most closely watched First Amendment cases in the country.
As reported by The New York Times, “…when the Supreme Court agreed to hear the NRA’s free speech challenge to what it said were a New York official’s efforts to blacklist it, one of the lawyers had a bold idea. Why not ask the ACLU to represent it before justices?”
“The NRA might be thought of as the 800-pound gorilla on the Second Amendment…clearly, the ACLU is the 800-pound gorilla on the First Amendment,” firm partner Bill Brewer told the Times.
Brewer stated today, “We look forward to collaborating with the ACLU, Eugene Volokh, and others on this advocacy team. These lawyers and dozens of amici speak to the importance of the NRA’s case and sends a powerful message to New York State regulators: the NRA will always defend its right to free speech.”
Joining Brewer in representing the NRA are ACLU Legal Director David Cole, attorney Eugene Volokh, firm partner Sarah B. Rogers and firm counsel Noah B. Peters.
New York Times Reports on NRA First Amendment Case, ACLU Joins Brewer as Co-Counsel
December 9, 2023 - The New York Times reported today on the ACLU joining the Brewer firm as co-counsel in the NRA’s First Amendment case against former New York State financial regulator Maria T. Vullo.
The case has become among the most closely watched First Amendment cases in the country. The United States Supreme Court agreed to hear the case on November 3, 2023.
As reported, “…when the Supreme Court agreed to hear the NRA’s free speech challenge to what it said were a New York official’s efforts to blacklist it, one of the lawyers had a bold idea. Why not ask the ACLU to represent it before justices?”
“The NRA might be thought of as the 800-pound gorilla on the Second Amendment…clearly, the ACLU is the 800-pound gorilla on the First Amendment,” firm partner William Brewer told the Times.
Joining Brewer in representing the NRA are ACLU Legal Director David Cole, attorney Eugene Volokh, firm partner Sarah B. Rogers and firm counsel Noah B. Peters.
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