The recent Supreme Court ruling in NRA v. Vullo was not unexpected. It was Chief Justice Roberts who assigned the case to Justice Sotomayor, a move that seemed to emphasize bipartisanship given her background as an Obama nominee ruling in favor of the NRA against her former home state. While Justice Sotomayor may have preferred a different assignment, there was a particular aspect of the majority decision that likely brought her some satisfaction.
In a previous case, Trump v. Hawaii, there was a debate over the significance of tweets from President Trump related to the travel ban. Justice Sotomayor’s dissent focused heavily on these social media posts, questioning why the majority overlooked them. Fast forward to NRA v. Vullo, another case involving allegations of improper motivation in a First Amendment context. Despite former-Governor Andrew Cuomo being dismissed from the case, Justice Sotomayor repeatedly referenced him and his social media postings in her opinion.
On February 27, Vullo, representing DFS and then-Governor Andrew Cuomo, expressed their stance on gun control and their efforts to combat firearms availability, including weakening the NRA. …
Following the issuance of Guidance Letters by DFS, Vullo and Governor Cuomo released a joint press statement echoing the letters’ sentiments, urging companies to discontinue ties with the NRA. …
Referencing Chubb’s decision to stop underwriting Carry Guard, Cuomo tweeted: “The NRA is an extremist organization. I urge companies in New York State to reconsider any connections they have with the NRA.” …
Another tweet from Cuomo reiterated the message, urging businesses to reconsider their ties with the NRA, which he labeled as an extremist organization. …
Under the direction of her superior, Governor Cuomo, Vullo encouraged businesses to sever ties with the NRA to financially harm and potentially shut down the organization. …
Why focus on Cuomo when he wasn’t a party to the case? Wasn’t Vullo’s conduct enough to meet the Iqbal standard? Justice Sotomayor’s emphasis on Cuomo’s involvement raised concerns about potential future litigation involving Trump, where social media posts by the chief executive could influence actions taken by cabinet members. The unanimous Vullo decision sets a clear precedent that may impact future cases in the Fourth, Ninth, and D.C. Circuits.
Personally, I had a direct encounter with Governor Cuomo, experiencing firsthand the fine line between persuasion and coercion, as mentioned in Justice Jackson’s dissent.
