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National Rifle Association of America v. Vullo

Docket No. Op. Below Argument Opinion Vote Author Term
22-842 2nd Cir. Mar 18, 2024 May 30, 2024 9-0 Sotomayor OT 2023

Holding: The NRA plausibly alleged that former superintendent of the New York Department of Financial Services Maria Vullo violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress the NRA"s gun-promotion advocacy.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on May 30, 2024. Justices Gorsuch and Jackson each filed a concurring opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/07/2023Motion (22M73) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
02/07/2023Petition for a writ of certiorari filed. (Response due April 5, 2023)
02/15/2023MOTION (22M73) DISTRIBUTED for Conference of 3/3/2023.
03/06/2023Motion (22M73) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
03/21/2023Brief amici curiae of Financial & Business Law Scholars filed.
04/05/2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
04/05/2023Brief amici curiae of Montana, et al. filed.
04/19/2023DISTRIBUTED for Conference of 5/11/2023.
04/24/2023Response Requested. (Due May 24, 2023)
04/26/2023Motion to extend the time to file a response from May 24, 2023 to June 23, 2023, submitted to The Clerk.
05/01/2023Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2023.
05/23/2023Brief amicus curiae of Competitive Enterprise Institute filed.
05/23/2023Motion for leave to file amicus brief filed by Goldwater Institute.
05/24/2023Brief amici curiae of Texas, et al. filed.
05/24/2023Brief amicus curiae of Gun Owners of America, Inc., et al. filed.
06/23/2023Brief of respondent Maria T. Vullo in opposition filed.
07/07/2023Reply of petitioner National Rifle Association of America filed.
07/12/2023DISTRIBUTED for Conference of 9/26/2023.
10/02/2023DISTRIBUTED for Conference of 10/6/2023.
10/10/2023DISTRIBUTED for Conference of 10/13/2023.
10/23/2023DISTRIBUTED for Conference of 10/27/2023.
10/30/2023DISTRIBUTED for Conference of 11/3/2023.
11/03/2023Motion for leave to file amicus brief filed by Goldwater Institute DENIED.
11/03/2023Petition GRANTED limited to Question 1 presented by the petition.
12/07/2023Motion for an extension of time to file the briefs on the merits filed.
12/13/2023Motion 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.
12/22/2023Brief amicus curiae of The International Municipal Lawyers Association in support of neither party (also as to 23-411) filed. VIDED.
01/09/2024Brief of petitioner National Rifle Association of America filed.
01/09/2024Joint appendix filed. (Statement of costs filed)
01/10/2024Brief amicus curiae of Goldwater Institute and Cato Institute filed.
01/10/2024Brief amici curiae of Financial & Business Law Scholars filed.
01/11/2024Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
01/12/2024Brief amicus curiae of Americans for Prosperity Foundation filed.
01/12/2024Brief amicus curiae of American Center for Law and Justice filed.
01/12/2024Brief amicus curiae of Competitive Enterprise Institute filed.
01/15/2024Brief amici curiae of Advancing American Freedom, et al. filed.
01/15/2024Brief amici curiae of Senator Ted Budd, et al. filed.
01/15/2024Brief amicus curiae of Consumers' Research filed.
01/16/2024Brief amicus curiae of United States in support of neither party filed.
01/16/2024Brief amicus curiae of New Civil Liberties Alliance filed.
01/16/2024Brief amicus curiae of Project for Privacy and Surveillance Accountability, Inc. filed.
01/16/2024Brief amici curiae of First Amendment Scholars filed.
01/16/2024Brief amici curiae of Indiana and Mississippi filed.
01/16/2024Brief amicus curiae of Heartbeat International, Inc. filed.
01/16/2024Brief amicus curiae of James P. Corcoran, former New York Superintendent of Insurance filed.
01/16/2024Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed.
01/16/2024Brief amici curiae of Second Amendment Foundation, et al. filed.
01/16/2024Brief amicus curiae of Firearm Policy Coalition, Inc. filed.
01/16/2024Brief amici curiae of Gun Owners of America, et al. filed.
01/16/2024Brief amici curiae of National Association for Gun Rights, et al. filed.
01/16/2024Brief amicus curiae of Buckeye Institute filed.
01/16/2024Brief amici curiae of Montana, et al. filed.
01/18/2024Letter updating counsel of record information for respondent Maria T. Vullo filed.
01/29/2024SET FOR ARGUMENT on Monday, March 18, 2024.
01/29/2024Record requested from the United States Court of Appeals for the Second Circuit.
02/01/2024Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
02/01/2024Record received electronically from the United States District Court for the Northern District of New York and available with the Clerk.
02/14/2024CIRCULATED
02/20/2024Brief of respondent Maria T. Vullo filed. (Distributed)
02/21/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
02/22/2024Brief amici curiae of Former Executive Officers of the New York State Department of Financial Services filed. (Distributed)
02/27/2024Amicus brief of First Amendment Scholars not accepted for filing. (February 27, 2024 - Corrected brief to be filed)
02/27/2024Brief amici curiae of States of Hawai"i, Delaware, Maryland, Michigan, Minnesota, Nevada, New Mexico, Oregon, Vermont, and Washington filed. (Distributed)
02/27/2024Brief amici curiae of First Amendment Scholars filed. (Distributed)
02/27/2024Brief amici curiae of Financial Regulation and Administrative Law Scholars filed. (Distributed)
02/27/2024Brief amici curiae of Federal Courts and Civil Procedure Scholars filed. (Distributed)
02/27/2024Brief amicus curiae of Brady Center to Prevent Gun Violence filed. (Distributed)
02/27/2024Brief amici curiae of Former and Current Prosecutors and Regulators filed. (Distributed)
02/27/2024Brief amici curiae of Former State Commissioners of Insurance and Banking filed. (Distributed)
03/04/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
03/08/2024Reply of petitioner National Rifle Association of America filed. (Distributed)
03/18/2024Argued. 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.
05/30/2024Judgment VACATED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-842new_e29f.pdf'>opinion</a> for a unanimous Court. Gorsuch, J., and Jackson, J., each filed a concurring opinion.
07/01/2024Judgment Issued.