In a unanimous decision announced Thursday, the Supreme Court sided with the National Rifle Association (NRA), ruling that the New York State Department of Financial Services violated the NRA's First Amendment rights. Justice Sonia Sotomayor authored the opinion, stating that the ANR “plausibly alleged” that the regulator coerced the entities it oversees into ending their business relationships with the ANR as a form of punishment or suppression of the defense of the ANR.
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The court's decision reversed the US Court of Appeals for the Second Circuit's dismissal of the NRA's lawsuit and remanded the case for further proceedings in accordance with the opinion of Supreme Court, allowing the ANR to continue following its case.
The lawsuit originated from actions taken by then-New York State Department of Financial Services Superintendent Maria T. Vullo, allegedly at the behest of former New York Governor Andrew Cuomo, to put blacklisted by the NRA. The regulator sent “guidance letters” to banks and insurers in 2018, pushing them to cut ties with the NRA and other pro-Second Amendment organizations, citing reputational risks. These letters followed the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida.
The NRA's lawsuit alleges that Vullo used “substantive threats” to pressure regulated companies, offering leniency on unrelated violations in exchange for his agreement to blacklist the NRA. The Supreme Court opinion recognized that these allegations could constitute a violation of the First Amendment.
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The court's decision overturned the Second Circuit's ruling and allowed the ANR to continue to advance its case in the lower courts. In particular, the NRA received the support of the American Civil Liberties Union (ACLU) despite ideological differences. ACLU Legal Director David Cole, who represented the NRA in the case, stressed the importance of preventing public officials from abusing their regulatory powers to target organizations based on their political views .
The Supreme Court's decision marks an important development in the NRA's legal battle against the New York State Department of Financial Services, underscoring broader implications for First Amendment protections and government regulation of interest groups. defense
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