Posted on 05/30/2024 10:56:36 AM PDT by CFW
SCOTUS ruled in National Rifle Association of America v. Vullo,
The opinion was written by Sotomayor.
The court 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.
The decision is unanimous, with concurring opinions from Gorsuch and Jackson.
Link to opinion here:
https://www.supremecourt.gov/opinions/23pdf/22-842_6kg7.pdf
"For the reasons discussed above, the Court holds that the NRA plausibly alleged that Vullo violated the First Amendment by coercing DFS-regulated entities to terminate their business relationships with the NRA in order to punish or suppress the NRA’s advocacy. The judgment of the U. S. Court of Appeals for the Second Circuit is vacated, and the case remanded for further proceedings consistent with this opinion.7 "
(Excerpt) Read more at scotusblog.com ...
There was a couple more opinions issued today. I'll post them in a follow-up post.
If you read Sotomayor’s opinion there may be some small piece of common ground among some Left and Right.
This is a great victory for Americans...
The actual first Opinion issued today was Cantero v. Bank of America (The NRA was the second opinion). It was by Justice Kavanaugh.
The decision is unanimous.
Cantero v. Bank of America, No. 22-529 [Arg: 2.27.2024 Trans.; Decided 5.30.2024]
Opinion here:
https://www.scotusblog.com/case-files/cases/cantero-v-bank-of-america/
Holding: The U.S. Court of Appeals for the 2nd Circuit failed to analyze whether New York’s interest-on-escrow law is preempted as applied to national banks in a manner consistent with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and Barnett Bank of Marion Cty., N. A. v. Nelson.
(This is one of those cases that may not affect you, but it greatly affects someone.)
The third and final Opinion issued today was:
Thornell v. Jones, No. 22-982 [Arg: 4.17.2024 Trans.; Decided 5.30.2024]
It is a death penalty case. It is by Justice Alito.
The vote is 6-3. Sotomayor has a dissenting opinion joined by Kagan; Jackson also has a dissenting opinion
Opinion here:
https://www.supremecourt.gov/opinions/23pdf/22-982_bq7d.pdf
Holding: The U.S. Court of Appeals for the 9th Circuit’s grant of habeas relief on Danny Lee Jones’s ineffective assistance of counsel claim was based on an erroneous interpretation and application of Strickland v. Washington.
That’s all for today. Next opinion day is scheduled for the 6th although the court may announce another opinion day for next week on either Tuesday or Wednesday.
“Please see that this is already posted and in Break News: https://freerepublic.com/focus/f-news/4241028/posts“
I searched, under SCOTUS and the NRA and received no results so you will just have to ignore this thread or report it and have it locked for replies.
“I can’t believe the NRA case was written by Sotomayor and was unanimous!”
That was to send a message to the lower courts and activist states that the First Amendment is not to be trifled with.
“Please see that this is already posted and in Break News: https://freerepublic.com/focus/f-news/4241028/posts“
You two have different focuses of interest in your postings which make these separate views on a similar topic.
CFW’s post focuses on 1st (and 2nd) Amendment activity and Reno89519 focuses on a financial activity.
Same source but significantly different topics.
“SCOTUS Sides 9-0 With NRA in First Amendment Case”
“Today’s decision doesn’t end the NRA’s lawsuit against Vullo, nor does it guarantee that the organization will ultimately be victorious in their litigation. In fact, the Court explicitly told the Second Circuit Court of Appeals that it’s still free to consider a claim of qualified immunity for Vullo going forward. But the decision’s “critical takeaway” is that “the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or (as alleged here) through private intermediaries.” “
https://freerepublic.com/focus/f-news/4239617/posts
https://freerepublic.com/focus/search?m=all;o=time;q=quick;s=scotus
It also may be the case that a trade for another future ruling was made.
It was beyond absurd that the case was dismissed. The NY government acted just like the mafia and threatened businesses who dealt with the NRA in an effort to silence them. Its difficult to imagine a more open and shut violation of the first amendment and yet the circuit court dismissed. Incredible.
Bump
I thought opinions were written by one of the majority, then I read it was unanimous. Color me surprised.
This decision has critical implications for the case about Federal officials demanding Twitter (and Facebook, etc) censor opinions the government did not favor but which the government was unable to censor directly.
The NRA part of this opinion as such is small potatoes, but as precedent it’s huge.
Analysis
Supreme Court rules for NRA in First Amendment dispute (Amy Howe, May 30, 2024)
https://www.scotusblog.com/2024/05/supreme-court-rules-for-nra-in-first-amendment-dispute/
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.