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.
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.
Chambers and Partners Recognizes Brewer Firm in Texas Regional Spotlight
Chambers and Partners recognized Brewer, Attorneys & Counselors in its Texas Regional Spotlight Guide 2024 for Dallas in the category of Dispute Resolution.
Chambers is based in London and ranks and provides insights into law firms and lawyers globally. The legal research company uses in depth research methodology and conducts detailed interviews to determine rankings.
The regional spotlight recognizes small and medium-sized boutique law firms well-known for their expertise in selected practice areas. The Chambers Review notes that the Brewer firm is known as a “strong litigation boutique offering clients representation in an array of disputes” and that the firm has “deep expertise” in the hospitality sector.
In 2024, Chambers awarded spotlight recognition to 157 firms in Texas in 12 cities and 11 practice areas. Texas regional spotlight firms handle a range of litigation in state and federal trial and appellate courts.
See Brewer’s profile here.
Newsmakers: More Texas Firms Announce Partner Promotions
Brewer, Attorneys & Counselors Names Dallas Partner
January 22, 2024- Brewer, Attorneys & Counselors announced that its Dallas attorney Noah Peters was promoted to its partnership.
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. The U.S. Supreme Court in November 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 successful briefed, argued, and won numerous federal appeals, as well as the dismissal of multiple federal district court lawsuits.
Read the article here.
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.
Law360 Reports Amicus Brief Filed by the Federal Government in NRA's First Amendment Case Before the Supreme Court
January 17, 2024 – Law360 reports that the federal government filed an amicus brief with the U.S. Supreme Court in connection with the National Rifle Association's (NRA) lawsuit against a former New York state regulator.
The report states that, in the brief, the "federal government said the NRA's allegations concerning the February 2018 meetings that former New York Financial Services Superintendent Maria T. Vullo had with Lloyd's of London provide a 'straightforward basis' for rejecting the Second Circuit's finding that no coercion occurred."
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.
"Importantly, the solicitor general recognizes that the actions of defendants alleged in the complaint state a claim that Vullo was attempting to suppress our client's Second Amendment advocacy," William A. Brewer III, counsel for the NRA, told Law360. "The government reaches the same conclusion as many others: the Second Circuit erred in rejecting the association's claims."
Law360 writes that the federal government's filing is "among the roughly two dozen amicus briefs that have been submitted since the NRA filed its opening brief early last week. While a few claim to support neither party, the bulk of the briefs appears to support the NRA's position, such as the one led by Sen. Tedd Budd, R-N.C., and Rep. Richard Hudson, R-N.C., and backed by 17 Senate members and 62 House representatives."