Supreme Court to Hear NRA's Claim of Unlawful Coercion by Former New York Official
ICARO Media Group
Washington, D.C. - The Supreme Court has agreed to consider the National Rifle Association's (NRA) claim that Maria Vullo, the former superintendent of the New York state Department of Financial Services, unlawfully coerced companies into severing ties with the gun rights group. The NRA argues that Vullo's actions violated their free speech rights under the First Amendment of the Constitution.
The NRA's appeal stems from a 2022 ruling by the New York-based 2nd U.S. Circuit Court of Appeals, which determined that Vullo's actions did not amount to unlawful conduct. In court documents, the NRA's lawyers argued that the ruling essentially granted state officials unchecked power to financially blacklist their political opponents.
The lawsuit, filed by the NRA in 2018, centers around an investigation led by Vullo's office into insurance companies that had collaborated with the NRA to provide coverage for its members. Following the tragic school shooting in Parkland, Florida in 2018, where 17 people lost their lives, Vullo urged insurance companies and banks to reconsider their associations with gun rights-affiliated groups. The NRA claims that Vullo threatened these institutions with costly investigations, regulatory scrutiny, and penalties if they did not terminate their arrangements with the NRA.
The 2nd U.S. Circuit Court of Appeals, however, found that Vullo's actions, which included warning companies about the reputational risks tied to doing business with the NRA, did not violate the First Amendment. Additionally, the court stated that Vullo would be protected from liability by the qualified immunity given to government officials.
In response to the court's decision, Vullo's lawyers argued that it was well within her authority as a government official to highlight reputational risks to entities. They contended that the lawsuit failed to present sufficient evidence that Vullo's actions crossed the line from permissible persuasion to unconstitutional coercion.
It is worth noting that while the NRA also sued former New York Governor Andrew Cuomo, the current appeal pertains solely to Vullo. Initially, a federal judge ruled partially in favor of the NRA, allowing the lawsuit to proceed. However, Vullo appealed the decision.
This legal battle took place against the backdrop of numerous disputes in New York, where the state's Democratic-led administration has been openly hostile towards gun rights, specifically targeting the NRA. In a separate case, New York Attorney General Letitia James filed a lawsuit in August 2020, alleging fraud and mismanagement by the NRA and seeking to dissolve the organization. The NRA countersued, accusing the state of political retaliation, but their lawsuit was dismissed by a judge in 2022.
In recent years, the NRA had faced financial difficulties, declaring bankruptcy in 2021 and attempting to relocate its incorporation to Texas from New York. However, this move was also met with legal challenges, resulting in a judge temporarily halting the relocation process.
In addition to the NRA's case, the Supreme Court has also agreed to hear another gun-related case involving the legality of the Trump-era ban on bump stocks, devices that allow semi-automatic rifles to fire at an accelerated rate.