Today, the Supreme Court issued their opinion regarding New York’s lawfare attack on the NRA.

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.
National Rifle Association of America v. Vullo, No. 22-842, slip op. at 20 (May 30, 2024) Justice Sotomayer

This is a 9-0 opinion. Justice Jackson wrote a concurrence, as did Justice Gorsuch.

Unfortunately, and expected, Justice Jackson tries to lessen the power of this opinion.

The lesson of Bantam Books is that “a government official cannot do indirectly what she is barred from doing directly.” Ante, at 11. That case does not hold that government coercion alone violates the First Amendment. And recognizing the distinction between government coercion and a First Amendment violation is important because our democracy can function only if the government can effectively enforce the rules embodied in legislation; by its nature, such enforcement often involves coercion in the form of legal sanctions. The existence of an allegation of government coercion of a third party thus merely invites, rather than answers, the question whether that coercion indirectly worked a violation of the plaintiff’s First Amendment rights.
id. at 2 Justice Jackson, concurring.

This is likely the entire reason for her writing a separate concurrence. Having quoted the majority opinion, [the state] cannot do indirectly what [it] is barred from doing directly., she goes on to say how critical it is that the government has the power and authority to do what it wants.

Indeed, she again forgets that we are a republic, not a democracy.

This is a good opinion.

Of course, it was the Second Circuit court that found that the NRA was wrong. They seem to have made that decision when they read the parties names.

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By awa

Only one rule: Don't be a dick.

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