When I wrote in March about the cert. petition in this case, readers seemed quite interested, so I thought I'd post an update. (Note: William Brewer, Sarah Rogers & Noah Peters of Brewer Attorneys & Counselors and I are the counsel on the petition.)
[1.] Eighteen state Attorneys General (led by Montana's) filed an amicus brief supporting the petition; here's the opening paragraph:
This case concerns troubling allegations of governmental abuse of power. As plausibly alleged, Maria Vullo, the head of New York's Department of Financial Services ("DFS"), a state agency tasked with sweeping regulatory authority over financial institutions, leveraged her official authority to stifle the NRA's constitutionally protected political speech. But even though Vullo's politically motivated campaign involved press releases, official regulatory guidance, and ongoing investigations that targeted financial institutions doing business with the NRA, she steered clear of any explicit threats in these communications, at least to the "disinterested ear." NLRB v. Gissel Packing, Co., 395 U.S. 575, 619 (1969). But the financial institutions picked up the subtext: drop the NRA or else. See Pet.11, 24-27. Even so, after Bantam Books, these "informal sanctions" cannot sidestep First Amendment scrutiny. See 372 U.S. at 66-67. Yet, the decision below departed from that clear instruction and gave state officials license to target and crackdown on their political opponents' protected speech.
