Supreme Court of the United States · Official docket →
National Rifle Association of America v. Maria T. Vullo
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-636-cv · judgment September 22, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Granted limited to question 1 presented by the petition. Bantam Books v. Sullivan held that a state commission with no formal regulatory power violated the First Amendment when it "deliberately set out to achieve the suppression of publications" through "informal sanctions," including the "threat of invoking legal sanctions and other means of coercion, persuasion, and intimidation." 372 U.S. 58, 66-67 (1963). Respondent here, wielding enormous regulatory power as the head of New York's Department of Financial Services ("DFS"), applied similar pressure tactics-including backchannel threats, ominous guidance letters, and selective enforcement of regulatory infractions-to induce banks and insurance companies to avoid doing business with Petitioner, a gun rights advocacy group. App. 199-200 ¶ 21. Respondent targeted Petitioner explicitly based on its Second Amendment advocacy, which DFS's official regulatory guidance deemed a "reputational risk" to any financial institution serving the NRA. Id. at 199, n.16. The Second Circuit held such conduct permissible as a matter of law, reasoning that "this age of enhanced corporate social responsibility" justifies regulatory concern about "general backlash" against a customer's political speech. Id. at 29-30. Accordingly, the questions presented are:
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Does the First Amendment allow a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government's own hostility to the speaker's viewpoint or (b) a perceived "general backlash" against the speaker's advocacy?
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Does such coercion violate a clearly established First Amendment right?
Counsel of record
For petitioner
Eugene Volokh
UCLA School of Law
For respondent
Neal Kumar Katyal
Hogan Lovells US LLP
Case
Conference history
Distributed for 7 conferences
Amicus briefs
38 merits
(30 supporting pet./neither, 8 respondent)
Argument & decision
Argued March 18, 2024 — David D. Cole · Ephraim McDowell · Neal K. Katyal. Audio and transcript
Decided May 30, 2024. Opinion by Sotomayor.
Proceedings
- Jul 01 2024Judgment Issued.
- May 30 2024Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Gorsuch, J., and Jackson, J., each filed a concurring opinion.
- Mar 18 2024Argued. For petitioner: David D. Cole, Washington, D. C. For United States, as amicus curiae: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Neal K. Katyal, Washington, D. C.
- Mar 08 2024Reply of petitioner National Rifle Association of America filed. (Distributed)
- Mar 04 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Feb 27 2024Amicus brief of First Amendment Scholars not accepted for filing. (February 27, 2024 - Corrected brief to be filed)
- Feb 27 2024Brief amici curiae of States of Hawai‘i, Delaware, Maryland, Michigan, Minnesota, Nevada, New Mexico, Oregon, Vermont, and Washington filed. (Distributed)
- Feb 27 2024Brief amici curiae of First Amendment Scholars filed. (Distributed)
- Feb 27 2024Brief amici curiae of Financial Regulation and Administrative Law Scholars filed. (Distributed)
- Feb 27 2024Brief amici curiae of Federal Courts and Civil Procedure Scholars filed. (Distributed)
- Feb 27 2024Brief amicus curiae of Brady Center to Prevent Gun Violence filed. (Distributed)
- Feb 27 2024Brief amici curiae of Former and Current Prosecutors and Regulators filed. (Distributed)
- Feb 27 2024Brief amici curiae of Former State Commissioners of Insurance and Banking filed. (Distributed)
- Feb 22 2024Brief amici curiae of Former Executive Officers of the New York State Department of Financial Services filed. (Distributed)
- Feb 21 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Feb 20 2024Brief of respondent Maria T. Vullo filed. (Distributed)
- Feb 14 2024CIRCULATED
- Feb 01 2024Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
- Feb 01 2024Record received electronically from the United States District Court for the Northern District of New York and available with the Clerk.
- Jan 29 2024SET FOR ARGUMENT on Monday, March 18, 2024.
- Jan 29 2024Record requested from the United States Court of Appeals for the Second Circuit.
- Jan 18 2024Letter updating counsel of record information for respondent Maria T. Vullo filed.
- Jan 16 2024Brief amicus curiae of United States in support of neither party filed.
- Jan 16 2024Brief amicus curiae of New Civil Liberties Alliance filed.
- Jan 16 2024Brief amicus curiae of Project for Privacy and Surveillance Accountability, Inc. filed.
- Jan 16 2024Brief amici curiae of First Amendment Scholars filed.
- Jan 16 2024Brief amici curiae of Indiana and Mississippi filed.
- Jan 16 2024Brief amicus curiae of Heartbeat International, Inc. filed.
- Jan 16 2024Brief amicus curiae of James P. Corcoran, former New York Superintendent of Insurance filed.
- Jan 16 2024Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed.
- Jan 16 2024Brief amici curiae of Second Amendment Foundation, et al. filed.
- Jan 16 2024Brief amicus curiae of Firearm Policy Coalition, Inc. filed.
- Jan 16 2024Brief amici curiae of Gun Owners of America, et al. filed.
- Jan 16 2024Brief amici curiae of National Association for Gun Rights, et al. filed.
- Jan 16 2024Brief amicus curiae of Buckeye Institute filed.
- Jan 16 2024Brief amici curiae of Montana, et al. filed.
- Jan 15 2024Brief amici curiae of Advancing American Freedom, et al. filed.
- Jan 15 2024Brief amici curiae of Senator Ted Budd, et al. filed.
- Jan 15 2024Brief amicus curiae of Consumers' Research filed.
- Jan 12 2024Brief amicus curiae of Americans for Prosperity Foundation filed.
- Jan 12 2024Brief amicus curiae of American Center for Law and Justice filed.
- Jan 12 2024Brief amicus curiae of Competitive Enterprise Institute filed.
- Jan 11 2024Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
- Jan 10 2024Brief amicus curiae of Goldwater Institute and Cato Institute filed.
- Jan 10 2024Brief amici curiae of Financial & Business Law Scholars filed.
- Jan 09 2024Brief of petitioner National Rifle Association of America filed.
- Jan 09 2024Joint appendix filed. (Statement of costs filed)
- Dec 22 2023Brief amicus curiae of The International Municipal Lawyers Association in support of neither party (also as to 23-411) filed. VIDED.
- Dec 13 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 9, 2024. The time to file respondent's brief on the merits is extended to and including February 20, 2024. Petitioner shall file a reply brief on the merits on or before 2 p.m., Friday, March 8, 2024.
- Dec 07 2023Motion for an extension of time to file the briefs on the merits filed.
- Nov 03 2023Motion for leave to file amicus brief filed by Goldwater Institute DENIED.
- Nov 03 2023Petition GRANTED limited to Question 1 presented by the petition.
- Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
- Oct 23 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Oct 02 2023DISTRIBUTED for Conference of 10/6/2023.
- Jul 12 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 07 2023Reply of petitioner National Rifle Association of America filed.
- Jun 23 2023Brief of respondent Maria T. Vullo in opposition filed.
- May 24 2023Brief amici curiae of Texas, et al. filed.
- May 24 2023Brief amicus curiae of Gun Owners of America, Inc., et al. filed.
- May 23 2023Brief amicus curiae of Competitive Enterprise Institute filed.
- May 23 2023Motion for leave to file amicus brief filed by Goldwater Institute.
- May 01 2023Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2023.
- Apr 26 2023Motion to extend the time to file a response from May 24, 2023 to June 23, 2023, submitted to The Clerk.
- Apr 24 2023Response Requested. (Due May 24, 2023)
- Apr 19 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 05 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- Apr 05 2023Brief amici curiae of Montana, et al. filed.
- Mar 21 2023Brief amici curiae of Financial & Business Law Scholars filed.
- Mar 06 2023Motion (22M73) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
- Feb 15 2023MOTION (22M73) DISTRIBUTED for Conference of 3/3/2023.
- Feb 07 2023Motion (22M73) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Feb 07 2023Petition for a writ of certiorari filed. (Response due April 5, 2023)