WASHINGTON – In 2018, the former superintendent of New York State’s Financial Services Department, Maria Vullo, called upon local banks and insurers to sever connections with gun rights advocacy groups such as the National Rifle Association (NRA), subjectively citing "reputational risks" as justification. Fearing the revocation of their New York licenses, several organizations terminated partnerships with the NRA.
In response, the NRA sued Vullo and claimed she used her status to “financially blacklist” the organization by coercing banks and insurance companies to disassociate with it.
While National Rifle Association v. Vullo was first dismissed by a U.S. Court of Appeals for the Second Circuit in New York, the U.S. Supreme Court agreed to hear the NRA’s claim.
U.S. Senator Kevin Cramer (R-ND) joined a bicameral amicus brief which addresses issues pertaining to constitutional First Amendment rights, state overreach, and the implications of governmental actions on national policy. The brief additionally requests the Supreme Court reverse the appeal court's decision, stating the “Court should put an end to New York’s unconstitutional experimentation on the NRA’s First Amendment rights.”
“Anti-gun activists know our right to bear arms is constitutionally protected and have tried everything under the sun to circumvent the Second Amendment. Firearms are a legal right, and any attempt to restrict it is a plain and simple infringement of the Constitution,” said Cramer. “Whether by regulation or coercion, discriminating against legal, constitutionally protected rights for the sake of political expediency is utter baloney. I look forward to a resolution of this case and for the Court to reaffirm the legitimacy of the Second Amendment.”
According to the Northern District of New York Federal Court Bar Association (NDNY), the NRA’s brief is due January 9, 2024 and Vullo’s brief by February 20, 2024. NDNY states the parties hope for the case to be heard during the Supreme Court’s March 2024 sitting.
In addition to Senator Cramer, the amicus brief was signed by 17 Senators and more than 60 House members.
Senator Cramer led nearly 40 of his Republican colleagues in reintroducing the Fair Access to Banking Act, legislation which bars financial institutions from refusing or limiting services to constitutionally-protected industries. The bill was created in response to U.S. banks and financial institutions categorically discriminating against legal commerce by industry groups or reputational risk. North Dakota and national stakeholders supporting the legislation include the NRA’s Institute for Legislative Action, the National Shooting Sports Foundation, Lignite Energy Council, North Dakota Petroleum Council, the National Mining Association, and more.
Click here to read the amicus brief.