No. 25-479

National Rifle Association of America v. Maria T. Vullo

Lower Court: Second Circuit
Docketed: 2025-10-20
Status: Pending
Type: Paid
Amici (12)Relisted (2) Experienced Counsel
Tags: None
Key Terms:
FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

Respondent Maria T. Vullo is a former New York official who used her regulatory power to coerce third parties into taking action against Petitioner , the National Rifle Association of America , to punish and suppress its protected First Amendment speech. Last year, in NRA v. Vullo , 602 U.S. 175 (2024), this Court unanimously held that these allegations stated a claim against Vullo for violating the NRA’s First Amendment rights. In doing so, the Court emphasized that it “d[id] not break new ground” but instead only “reaffirm[ed]” its decades -old precedent in Bantam Books, Inc. v. Sullivan , 372 U.S. 58 (1963), which “stands for the principle that a government official cannot do indirectly what she is barred from doing directly: A government official cannot c oerce a private party to punish or suppress disfavored speech on her behalf.” Vullo , 602 U.S. at 190. As the Court explained, Bantam Books squarely held that “a government entity’s ‘threat of invoking legal sanctions and other means of coercion’ against a third party ‘to achieve the suppression’ of disfavored speech violates the First Amendment.” Id. at 180. On remand, however, the Second Circuit ruled for Vullo on qualified immunity, because “a reasonable officer in Vullo’s position likely would have thought that her conduct . . . was permissible.” Pet.App. 32a. The question s presented are: 1. When Vullo implemented her scheme against the NRA, was it clearly established that the First Amendment did not allow a government official to coerce a disfavored speaker’s service providers to punish or suppress disfavored speech on her behalf? ii 2. When it is obvious that a government official’s conduct violates the Constitution under longstanding Supreme Court precedent, is the violation clearly established for purposes of qualified immunity despite some factual distinctions that are irrelevant under the governing constitutional rule?

Docket Entries

2026-02-13
DISTRIBUTED for Conference of 2/20/2026.
2026-01-21
Rescheduled.
2026-01-07
Reply of petitioner National Rifle Association of America filed. (Distributed)
2026-01-07
Reply of National Rifle Association of America submitted.
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2025-12-19
Brief of respondent Maria T. Vullo in opposition filed.
2025-12-19
Brief of Maria T. Vullo in opposition submitted.
2025-11-19
Brief amicus curiae of Cato Institute filed.
2025-11-19
Brief amicus curiae of Institute for Justice filed.
2025-11-19
Brief amicus curiae of Foundation for Individual Rights and Expression filed.
2025-11-19
Brief amicus curiae of American Center for Law & Justice filed.
2025-11-19
Brief amicus curiae of Alliance Defending Freedom filed.
2025-11-19
Brief amicus curiae of New Civil Liberties Alliance filed.
2025-11-19
Brief amicus curiae of The Buckeye Institute filed.
2025-11-19
Brief amici curiae of Advancing American Freedom, et al. filed.
2025-11-19
Brief amici curiae of Gun Owners of America, et al. filed.
2025-11-19
Brief amici curiae of Business and Financial Law Scholars, et al. filed.
2025-11-19
Amicus brief of Business and Financial Law Scholars; Independence Institute Independence Institute submitted.
2025-11-19
Amicus brief of Gun Owners of America, Gun Owners Foundation, Gun Owners of California, Heller Foundation, America's Future, Citizens United, Tennessee Firearms Association, Tennessee Firearms Foundation, Virginia Citizens Defense League, Virginia Citizens Defense Foundation, Public Advocate of the United States, Free Speech Coalition, Free Speech Defense and Education Fund, DownsizeDC.org, Downsize DC Foundation, U.S. Constitutional Rights Legal Defense Fund, The Senior Citizens League, and Conservative Legal Defense and Education Fund submitted.
2025-11-19
Amicus brief of The Buckeye Institute submitted.
2025-11-19
Amicus brief of Alliance Defending Freedom submitted.
2025-11-19
Amicus brief of American Center for Law & Justice submitted.
2025-11-19
Amicus brief of Institute for Justice submitted.
2025-11-19
Amicus brief of New Civil Liberties Alliance submitted.
2025-11-19
Amicus brief of Cato Institute submitted.
2025-11-19
Amicus brief of Foundation for Individual Rights and Expression submitted.
2025-11-18
Brief amicus curiae of Americans for Prosperity Foundation filed.
2025-11-18
Brief amicus curiae of Consumers’ Research filed.
2025-11-18
Amicus brief of Americans for Prosperity Foundation submitted.
2025-11-18
Amicus brief of Consumers’ Research submitted.
2025-10-31
Motion to extend the time to file a response is granted and the time is extended to and including December 19, 2025.
2025-10-29
Motion to extend the time to file a response from November 19, 2025 to December 19, 2025, submitted to The Clerk.
2025-10-29
Motion of Maria T. Vullo for an extension of time submitted.
2025-10-15
Petition for a writ of certiorari filed. (Response due November 19, 2025)

Attorneys

Advancing American Freedom
John Marc WheatAdvancing American Freedom, Inc., Amicus
John Marc WheatAdvancing American Freedom, Inc., Amicus
Alliance Defending Freedom
Thomas Michael Johnson Jr.Wiley Rein LLP, Amicus
Thomas Michael Johnson Jr.Wiley Rein LLP, Amicus
American Center for Law & Justice
Jay Alan SekulowAmerican Center for Law & Justice, Amicus
Jay Alan SekulowAmerican Center for Law & Justice, Amicus
Americans for Prosperity Foundation
Cynthia Fleming CrawfordAmericans for Prosperity Foundation, Amicus
Cynthia Fleming CrawfordAmericans for Prosperity Foundation, Amicus
Business and Financial Law Scholars; Independence Institute Independence Institute
David Benjamin KopelIndependence Institute, Amicus
David Benjamin KopelIndependence Institute, Amicus
Cato Institute
Matthew P. CavedonCato Institute, Amicus
Matthew P. CavedonCato Institute, Amicus
Consumers’ Research
Christopher E. MillsSpero Law LLC, Amicus
Christopher E. MillsSpero Law LLC, Amicus
Foundation for Individual Rights and Expression
Robert Lawrence Corn-RevereFoundation for Individual Rights and Expression, Amicus
Robert Lawrence Corn-RevereFoundation for Individual Rights and Expression, Amicus
Gun Owners of America, Gun Owners Foundation, Gun Owners of California, Heller Foundation, America's Future, Citizens United, Tennessee Firearms Association, Tennessee Firearms Foundation, Virginia Citizens Defense League, Virginia Citizens Defense Founda
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
Institute for Justice
Patrick Michael JaicomoInstitute for Justice, Amicus
Patrick Michael JaicomoInstitute for Justice, Amicus
Maria T. Vullo
Neal Kumar KatyalMilbank LLP, Respondent
Neal Kumar KatyalMilbank LLP, Respondent
National Rifle Association of America
Noel John FranciscoJones Day, Petitioner
Noel John FranciscoJones Day, Petitioner
New Civil Liberties Alliance
Jacob H. HuebertNew Civil Liberties Alliance, Amicus
Jacob H. HuebertNew Civil Liberties Alliance, Amicus
The Buckeye Institute
David Christian TryonThe Buckeye Institute, Amicus
David Christian TryonThe Buckeye Institute, Amicus