At issue is whether Vullo used her regulatory power to force state financial institutions to cut off ties with the NRA in violation of constitutional First Amendment protections. A majority of the court seemed inclined to favor the NRA’s position that the lawsuit could be revived.
“This was not about enforcing insurance law or mere government speech,” said David Cole, an attorney for the American Civil Liberties Union who was defending the NRA. Neal Katyal, a veteran Supreme Court advocate and a Georgetown University colleague of Cole’s who was representing the regulator, said there was “nothing unusual about a punishment like this.”
Justices Clarence Thomas and Sonia Sotomayor, typically on separate ends of the high court’s ideological divide, were both curious as to why New York appeared to be targeting other insurance and banking products sold to the NRA, not just the “murder insurance” products.
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