NRA suing Andrew Cuomo

[jdege]

http://www.abajournal.com/images/main_images/NRAAmendedSuit.pdf
NATIONAL RIFLE ASSOCIATION OF AMERICA, Plaintiff, v. ANDREW CUOMO, both individually and in his official capacity; MARIA T. VULLO, both individually and in her official capacity; and THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES, Defendants.

[Grayskies]

I hope the NRA bankrupts the whole lot of them!

[Rip Van Winkle]

As much as I'd like to see Cuomo & Co. sued into bankruptcy, this suit needs to be thrown out.
The last thing this country needs is the courts even more overwhelmed with every aggrieved group suing over whatever alleged grievance they might perceive.

[Grayskies]

As much as I'd like to see Cuomo & Co. sued into bankruptcy, this suit needs to be thrown out.
The last thing this country needs is the courts even more overwhelmed with every aggrieved group suing over whatever alleged grievance they might perceive.

I don't think you read the PDF. It is about Cuomo & Co using governmentle power to force banks and insurance companies to cease doing business with the NRA & other pro gun groups.

[Rip Van Winkle]

As much as I'd like to see Cuomo & Co. sued into bankruptcy, this suit needs to be thrown out.
The last thing this country needs is the courts even more overwhelmed with every aggrieved group suing over whatever alleged grievance they might perceive.

I don't think you read the PDF. It is about Cuomo & Co using governmentle power to force banks and insurance companies to cease doing business with the NRA & other pro gun groups.

The solution is to vote the tyrants out of office, and cut the size and scope of government. Neither of which will be accomplished with a lawsuit.

[Jackpine Savage]

The solution is to vote the tyrants out of office, and cut the size and scope of government. Neither of which will be accomplished with a lawsuit.

The affected parties don't reside in the state of New York. This is their only means of redress.

[Ghost]

The solution is to vote the tyrants out of office, and cut the size and scope of government. Neither of which will be accomplished with a lawsuit.

The affected parties don't reside in the state of New York. This is their only means of redress.

Agreed

[jdege]

This case is necessitated by an overt viewpoint-based discrimination campaign against the NRA and the millions of law-abiding gun owners that it represents. Directed by Governor Andrew Cuomo, this campaign involves selective prosecution, backroom exhortations, and public threats with a singular goal – to deprive the NRA and its constituents of their First Amendment rights to speak freely about gun-related issues and defend the Second Amendment.

The foundation of Defendants’ selective-enforcement and retaliation campaign is a series of threats to financial institutions that DFS, an agency created to ensure the integrity of financial markets after the 2008 credit crisis, will exercise its extensive regulatory power against those entities that fail to sever ties with the NRA. To effect their sweeping agenda, Defendants issued public demands that put DFS-regulated institutions on notice to “discontinue[] their arrangements with the NRA” and other “gun promotion organizations” if they planned to do business in New York.

At the same time, Defendants engaged in back-channel communications to reinforce their intended purpose. Simply put, Defendants made it clear to banks and insurers that it is bad business in New York to do business with the NRA.

As a direct result of this coercion, multiple financial institutions have succumbed to Defendants’ demands and entered into consent orders with DFS that compel them to terminate longstanding, beneficial business relationships with the NRA, both in New York and elsewhere. Tellingly, several provisions in the orders bear no relation to any ostensible regulatory infraction. Moreover, Defendants’ abuses will imminently deprive the NRA of basic bank-depository services, corporate insurance coverage, and other financial services essential the NRA’s corporate existence and its advocacy mission.

Absent injunctive relief, Defendants’ blacklisting campaign will continue to damage the NRA and its members, as well as endanger the free speech and association rights guaranteed by the constitutions of the United States and the State of New York. It is well-settled that viewpoint discrimination applied through “threat[s] of invoking legal sanctions and other means of coercion, persuasion, and intimidation” violates the United States Constitution where, as here, such measures chill protected First Amendment activities.1 Defendants’ de facto censorship scheme cannot survive judicial scrutiny. Nor should it.