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Supreme Court Hears NRA First Amendment Challenge to New York Regulator’s Guidance and Consent Orders
Summary
The Supreme Court considered whether New York regulator Maria Vullo coerced banks and insurers to cut ties with the NRA—through a private meeting, guidance letters, a press release and consent decrees—and whether that conduct, if proven, violates the First Amendment under Bantam Books.
The Supreme Court heard arguments in National Rifle Association v. Vullo, a case testing whether state financial regulators crossed a constitutional line when they urged banks and insurers to sever ties with a political advocacy group. Petitioner counsel, identified in the argument as Mister Cole, told the justices that Maria Vullo used the coercive authority of her office to compel third parties to punish the NRA for its advocacy.
Cole said the complaint alleges a sequence of events beginning with a February 2018 private meeting with Lloyd's, followed the same day by guidance letters and a press release that urged regulated entities to "reconsider your relations with the NRA," and culminating in consent decrees with three insurers that he says effectively ban affinity insurance to the NRA in perpetuity. "I'll go easy on you…
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