LISTEN: Supreme Court hears oral arguments on NRA case

For the first time in Georgetown Law’s history, two of its law professors will go head-to-head before the Supreme Court, when it hears the National Rifle Association’s (NRA) fight against a former New York regulator on Monday.

The case has created some unusual battle lines. For one, it implicates free speech, not the Second Amendment. The American Civil Liberties Union (ACLU) has taken on the case — but for the first time, it’s representing the NRA.

And, the faceoff is set to put the ACLU’s David Cole against his Georgetown colleague, Neal Katyal, an Obama-era acting U.S. solicitor general who is also a partner at Hogan Lovells.

Cole represents the NRA in its First Amendment lawsuit against Maria Vullo, whom then-New York Gov. Andrew Cuomo (D) appointed to lead New York’s Department of Financial Services. Katyal represents Vullo.

The NRA sued Vullo, who is no longer in office, after she investigated the gun rights group starting in fall 2017. At first, her investigation led companies that administered NRA-endorsed insurance programs to acknowledge their programs were unlawful.

At issue before the justices is what happened next. Vullo sent guidance letters urging banks and insurers regulated by her department to sever ties with the NRA, warning of “reputational risks” in the wake of the Parkland school shooting that had recently taken place, killing 17 students and staff.

The NRA claims Vullo’s actions amounted to coercion in violation of the First Amendment.