CU Files Amicus Brief in NRA v Vullo (Qualified Immunity)

Citizens United and other conservative groups filed an amicus curiae brief urging the Supreme Court to take up the National Rifle Association’s (“NRA”) appeal of the 2nd Circuit U.S. Court of Appeals decision granting former New York State Department of Financial Services Superintendent Maria Vullo qualified immunity from civil damages on account of her abuse of power in calling for New York-based banks and insurance companies under her regulatory authority to stop doing business with the NRA. In 2024, the Supreme Court unanimously ruled that Vullo’s behavior violated the NRA’s First Amendment rights and sent the case back to the 2nd Circuit to determine if Vullo was entitled to qualified immunity in light of their ruling that the NRA’s case did not break “new ground” but was instead a straight forward application on longstanding Supreme Court precedent. Despite the Supreme Court’s ruling, the 2nd Circuit concluded a reasonable public official in Vullo’s position would have likely thought her actions were permissible. Our brief urges the Court to take up the case in order to give teeth to its prior ruling because qualified immunity has no application with respect to Vullo’s obviously unconstitutional acts.