The Supreme Court on Thursday unanimously decided that the National Rifle Association (NRA) ‘plausibly alleged’ that the New York State Department of Financial Services (DFS) violated the group’s First Amendment rights by blacklisting the group.

In a unanimous decision written by Justice Sonia Sotomayor, the high court ‘holds that the NRA plausibly alleged that [then-New York State Department of Financial Services Superintendent Maria T.] Vullo violated the First Amendment by coercing DFS-regulated entities to terminate their business relationships with the NRA in order to punish or suppress the NRA’s advocacy.’ 

‘The judgment of the U. S. Court of Appeals for the Second Circuit is vacated, and the case remanded for further proceedings consistent with this opinion,’ the court said, allowing the NRA to continue to argue its case, overruling the second circuit’s dismissal of the suit.

The case stems from a lawsuit filed by the NRA in 2018 which questioned whether a government regulator threatens regulated entities with adverse regulatory actions if they do business with a controversial speaker, allegedly because of the government’s own hostility to the speaker’s viewpoint, violates the First Amendment.

‘Six decades ago, this Court 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,’ the opinion states. 

‘Today, the Court reaffirms what it said then: Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors,’ it said. ‘Petitioner National Rifle Association (NRA) plausibly alleges that respondent Maria Vullo did just that.’

The NRA sued Vullo, who — at the order of former New York Gov. Andrew Cuomo — allegedly blacklisted the NRA, effectively forcing banks and insurers to cut ties with the group.

She sent ‘guidance letters’ in 2018 to banks and insurance companies encouraging them to sever ties with the NRA and other pro-Second Amendment organizations, citing reputational risks. The guidance letters were issued shortly after the shooting at Marjory Stoneman Douglas High School in Parkland, Florida, that killed 17 students and staff.

The lawsuit alleged that Vullo made ‘backroom threats’ against regulated firms, accompanied by offers of leniency on unrelated infractions if regulated entities would agree to blacklist the NRA.

‘As superintendent of the New York Department of Financial Services, Vullo allegedly pressured regulated entities to help her stifle the NRA’s pro-gun advocacy by threatening enforcement actions against those entities that refused to disassociate from the NRA and other gun-promotion advocacy groups,’ the court’s Thursday opinion states. 

‘Those allegations, if true, state a First Amendment claim.’

The Supreme Court in November agreed to hear National Rifle Association of America v. Vullo, after a federal appeals court in 2022 dismissed the group’s lawsuit, arguing Vullo’s actions were reasonable. 

On Thursday, the high court said the Second Circuit is vacated, and the case remanded for further proceedings consistent with its opinion, meaning the gun rights group can continue to argue its case in lower courts. 

The NRA garnered support from unlikely allies in the American Civil Liberties Union (ACLU), a group that ideologically opposes the NRA but said it is ‘proud’ to defend the gun group’s ‘right to speak.’

‘Today’s decision confirms that government officials have no business using their regulatory authority to blacklist disfavored political groups,’  said David Cole, the ACLU’s national legal director, who argued the case for the NRA.  ‘

The New York state officials involved here, former Gov. Andrew Cuomo and his chief financial regulator, Maria Vullo, were clear that they sought to punish the NRA because they disagreed with its gun rights advocacy. The Supreme Court has now made crystal clear that this action is unconstitutional.’

Neal Katyal of Hogan Lovells, counsel for Vullo, said, ‘We are disappointed by the Court’s decision. As the Court’s decision makes clear, because of the posture of this case, this ruling required the Court to treat the NRA’s untested allegations as true even though these allegations have no evidentiary merit.’ 

‘This case will now go back to the Second Circuit, which threw out the lawsuit on qualified immunity grounds before. The Supreme Court did not address the qualified immunity decision of the Second Circuit, and we are confident Ms. Vullo’s claim of qualified immunity will be reaffirmed,’ Katyal said, adding that, ‘Ms. Vullo did not violate anyone’s First Amendment rights.’

Fox News’ Shannon Bream and Bill Mears and Fox News Digital’s Emma Colton contributed to this report. 

White House officials told reporters that Israel’s airstrike on Rafah on Sunday that killed two senior Hamas terrorist leaders and dozens of civilians does not violate President Biden’s ‘red line,’ mainly because the strike did not represent a major ground operation.

White House National Security Council spokesman John Kirby addressed reporters during a White House press briefing on Tuesday afternoon, during which time he was asked a barrage of questions about the attack on the southern Gazan city of Rafah, and when the U.S. will change its stance on Israel’s attacks.

Israel conducted an airstrike on a Hamas compound in Rafah on Sunday, Israel Defense Forces (IDF) confirmed.

One reporter asked Kirby about the attack, which struck an encampment in a densely populated area.

Kirby told the reporter the whole area of Rafah is densely populated and that a million people had evacuated the area.

The reporter asked how the strike did not violate a ‘red line’ laid out by the president.

‘We don’t want to see a major ground operation,’ Kirby said. ‘We haven’t seen that at this point.’

Kirby continued to say the White House does not want to see a single innocent life taken.

Reporters continued to press Kirby on the matter, asking if Biden had a personal limit that needed to be reached before stepping in or changing his stance.

‘The president has been very clear and very direct about what our expectations are for Israeli operations in Rafah specifically, but in Gaza…we don’t support, we won’t support a major ground operation in Rafah,’ Kirby said. ‘And, we’ve been very consistent on that, and the president said that should that occur, then it might make him have to make different decisions in terms of support. We haven’t seen that happen at this point.’

Kirby explained that a major ground operation involved tens of thousands of troops or thousands of troops moving in a coordinated set of maneuvers against a wide variety of targets on the ground, ‘in a massive way.’

U.S. officials have not seen Israeli troops move in that way, according to Kirby.

He called the events on Sunday a ‘very tragic’ airstrike, and it was not the first in recent days or weeks.

‘Nobody was asking me about red lines a week or so ago when there were other airstrikes in Rafah that didn’t cause civilian casualties,’ Kirby said. ‘This is an airstrike. It’s not a major ground operation. It’s different. Now, again, we’re not taking anything at face value, either. We’re not on the ground.’

Sen. John Fetterman, D-Pa., was asked on MSNBC’s ‘Morning Joe’ on Wednesday whether Israel had crossed the U.S. ‘red line’ for future weapons support following the strike in Rafah.

Fetterman, who has irked the left with his staunch support of Israel, said the images from the region were ‘heartbreaking,’ but they represent a hard truth about the conflict.

Fetterman called Israel a key ally and said he would absolutely trust and work with someone like Israeli Prime Minister Benjamin Netanyahu over Hamas leaders and other key players in the region.

‘It’s a very difficult situation in Gaza. But I do believe that Hamas [cannot] be allowed to operate if there’s going to be any enduring peace in this situation,’ Fetterman said.

Fox News’ Nikolas Lanum, Bradford Betz and Trey Yingst contributed to this report.

A verdict in the NY v. Trump case will mark an ‘important day’ for the nation, according to White House press secretary Karine Jean-Pierre.

‘I have to be pretty honest with you. I have not talked to the president about that,’ Jean-Pierre told reporters Wednesday during a gaggle on Air Force One. ‘This is going to be an important day. Obviously, the campaign is going to have more to share. The president and I said this yesterday, a couple of times when I was asked this question in various ways, that the president is focused on the American people, delivering for the American people.’

‘You’ll hear him talk about… some of that today. Again, the campaign will speak to that since it’s a campaign event,’ Jean-Pierre said. ‘That’s his focus.’

The jury began deliberations ahead of noon on Wednesday after a long day in court on Tuesday, when they heard closing arguments from the defense team and a lengthy one from the District Attorney’s Office. 

Trump is facing 34 counts of falsifying business records. Prosecutors worked to prove that Trump falsified business records to conceal a $130,000 payment to former pornographic star Stormy Daniels ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006. 

Trump addressed the media Wednesday, vowing that he will win the 2024 race for the White House, while slamming the case as one ‘Mother Teresa could not beat.’

‘The judge, who, as you know, is very conflicted and corrupt. Because of the confliction, very, very corrupt. Mother Teresa could not beat these charges. These charges are rigged. The whole thing is rigged,’ Trump said late Wednesday morning as jury deliberations kicked off. 

‘The whole country is a mess, between the borders and fake elections, and you have a trial like this where the judge is so conflicted, he can’t breathe. He’s got to do his job.… it’s a disgrace. And I mean that, Mother Teresa could not beat those charges. But we’ll see. We’ll see how we do.’ 

On Tuesday, as the defense and prosecution teams delivered their respective closing arguments, the Biden-Harris campaign held a press conference outside the courtroom that was headlined by actor Robert De Niro. Biden and Vice President Kamala Harris were not present during the event. 

De Niro claimed in his comments that Trump ‘could destroy the world’ if he’s re-elected. 

‘Donald Trump wants to destroy not only the city, but the country. And eventually he could destroy the world,’ De Niro said.

‘I owe this city a lot. And that’s why it’s so weird that Donald Trump is just across the street because he doesn’t belong in my city. I don’t know where he belongs, but he certainly doesn’t belong here. We New Yorkers used to tolerate him when he was just another grubby real estate hustler masquerading as a big shot,’ De Niro added. 

The actor was shouted down during the event by protesters supporting Trump, including the actor getting into a heated back and forth with protesters as he left the press conference. 

Trump has, meanwhile, repeatedly slammed the trial as one promoted by the Biden administration in an effort to hurt their political opponent. 

‘Let me just tell you that the White House… they’re the one trying this case. You heard who was doing all the talking: a representative from the White House, just recently. This is all about Biden, he can’t campaign. So, he’s trying to injure his opponent. They’re trying to hurt the opponent because they can’t win it fair and square. It’s lawfare,’ Trump said last week. 

New York City – Bystanders outside former President Trump’s criminal trial on Wednesday spoke to Fox News Digital and blasted what they said is a political prosecution of the former president and chief political rival of President Biden.

‘This thing is damaging to the American legal system for decades to come,’ a man outside the courtroom told Fox News Digital. ‘The political use of the courts. Listen, on this level, it’s dreadful… never mind Trump, it’s damaging to the country.’

When asked if he thought the trial was politically motivated, the man scoffed in agreement and said, ‘It’s also economically motivated.’

‘Let’s do it fair, let’s lay out the deck of cards, if Biden is scared to lay down the deck of cards and ask what happened with the cocaine in the White House, the people still want to know… why CNN aint publicize that, why?’ 

Another man wearing a New York Yankees cap told Fox News Digital, ‘Why they ain’t making no news about it? It’s not about being a racist, you know I was a Democrat for long [time], but I had to research and start seeing things and I started to come to a clear perception and said, ‘Nah, Donald Trump is right.’’

‘You don’t have to agree with him about everything but one thing you can say… he  love to take care of the people, he love people,’ the man added.

‘Because he’s doing everything for us,’ a woman outside the courtroom told Fox News Digital when asked why she believes Trump is a ‘good president.’

Another man told Fox News Digital he thinks Democrats are ‘desperate’ and ‘losing their s—.’

‘They’re losing their composure and they’re just so scared that he might be elected they’re just losing their stuff totally,’ the man, who was holding an American flag, added.

When asked what the outcome of the trial will be, the man said, ‘His ratings will go up, we have a Constitution, so sooner or later, whatever at first happens will be overturned, so thank God we’re a constitutional republic.’

The man said he ‘wouldn’t be surprised’ if Trump was convicted in the New York City case, but the ‘consensus seems to be a hung jury.’ 

‘It shows that it’s fragile,’ the man said about how this trial reflects the criminal justice system in the United States. ‘Half the country doesn’t realize that we have a constitutional republic, and they think that the quote ‘majority’ should make the laws and that’s not the way it works. The Constitution supersedes the majority.’

Jurors in the case were handed their final instructions on Wednesday and were sent out to deliberate on Trump’s guilt in the 34 charges against him stemming from allegations he improperly covered up an NDA agreement with porn star Stormy Daniels. Trump has pleaded not guilty on all counts and dismissed the allegations as a political prosecution.

Fox News Digital’s Matteo Cina contributed to this report

The White House refused to support proposed sanctions against the International Criminal Court (ICC) after the international tribunal requested arrest warrants for Israeli officials for alleged ‘war crimes’ as the country fights the terrorist group Hamas in Gaza. 

‘We don’t believe that sanctions against the ICC is the right approach here, no,’ said National Security Council Coordinator John Kirby during a White House press briefing on Tuesday.

He said the Biden administration does not ‘believe the ICC has jurisdiction’ and doesn’t support the arrest warrants requested against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.

The ICC requested the warrants alongside similar ones for Hamas’ leaders; the organization accuses both Israeli and Hamas leaders of committing ‘war crimes.’

Despite objecting to the ICC’s move, Kirby said the Biden administration doesn’t think ‘sanctioning the ICC is the answer.’

The White House’s stance on potential sanctions comes as both the House and Senate make policy recommendations to respond to the ICC.

Last week, a bipartisan group led by Sens. Mike Rounds, R-S.D., and Joe Manchin, D-W.Va., advised visa bans for ICC officials and sanctions on the international body. The group included Democrat Sens. Jacky Rosen, D-Nev., Kirsten Gillibrand, D-N.Y., John Fetterman, D-Penn., and Bob Casey, D-Penn.

The introduced Senate provision also sought to formally reject the actions of the ICC.

In the House, Reps. Chip Roy, R-Texas, and Brian Mast, R-Fla., have introduced a measure that would force the president to implement sanctions against the ICC if the court goes after U.S. allies, such as Israel, which are not in its jurisdiction.

According to House Minority Leader Hakeem Jeffries, D-N.Y., ‘There are ongoing discussions, as I understand it, between Chairman (Michael) McCaul (R-Texas) and ranking member Gregory Meeks, (D-N.Y.), and the objective is trying to reach bipartisan consensus with respect to the International Criminal Court.’ 

However, with the White House ruling out sanctions, it’s unclear whether any actions will be taken by the U.S. in response to the ICC.

Fox News Digital’s Elizabeth Elkind contributed to this report.

The framework a Manhattan jury will use to consider the charges against former President Trump and reach a verdict will be revealed by Judge Juan Merchan on Wednesday.  

The instructions will be issued nearly a week after they were initially set for release. It comes after weeks of speculation about the specific violations the jury will need to determine when weighing the charges of falsifying business records in the first degree against the former president. 

Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first degree. Trump has pleaded not guilty to all counts. 

The jury instructions are expected to come after a full day of closing arguments were delivered by New York prosecutors and Trump defense attorneys. 

Prosecutors needed to prove beyond a reasonable doubt that Trump falsified records to conceal a $130,000 payment to Stormy Daniels, a pornographic performer, in the lead-up to the 2016 election to silence her about an alleged affair with Trump in 2006. The former president has maintained his innocence.

Court will resume on Wednesday at 10:00 a.m. for jury instructions. 

Defense attorneys for former President Trump told the jury Tuesday he is innocent, did not commit any crimes and that Bragg ‘did not meet the burden of proof. Period.’ 

‘President Trump is innocent. He did not commit any crimes. The district attorney did not meet the burden of proof. Period,’ Blanche said. 

Blanche added that the case is ‘simple’ and it is ‘not a guilty verdict.’ 

‘This case is about documents; it is a paper case,’ Blanche said. ‘This case is not about an encounter with Stormy Daniels 18 years ago. It is not even about a nondisclosure agreement signed eight years ago.’

Blanche said the charges are about whether Trump ‘had anything’ to do with payments to his ex-attorney, Michael Cohen, on his personal accounting ledger.

‘The answer? The bookings were accurate and there was no intent to defraud and there was no conspiracy to influence the 2016 election,’ Blanche said. ‘The proof doesn’t add up.’

Blanche told the jury they cannot convict Trump based on Cohen’s testimony, recalling how Trump’s ex-attorney ‘took the stand and then lied.’

‘The records are not false and there was no intent to defraud,’ he said.

Blanche said not one single invoice was sent to Trump directly and that Cohen billed Trump ‘for services rendered.’ He also told the jury Cohen rendered services as Trump’s personal attorney in 2017.

The defense lawyer said that even if the amount of work was minimal, there was a retainer agreement, which he explained is ‘how retainer agreements work.’ Blanche said Cohen was ‘on call for President Trump.’

Blanche also explained that checks to Cohen were not signed by Trump. 

‘You can’t convict President Trump,’ he said. ‘Because sometimes President Trump looked at the invoices … that is a stretch and that is reasonable doubt.’

Blanche also blasted the prosecution’s ‘star witness’ Michael Cohen, saying ‘he is the human embodiment of reasonable doubt.’

‘He lied to you repeatedly … he is biased and motivated,’ Blanche said, adding that the jury should want a witness to tell the truth.

‘Michael Cohen is the GLOAT,’ Blanche said. ‘He is the greatest liar of all time … his words cannot be trusted … all those lies, put them to the side for just a moment, that is enough to walk away.’  

Blanche noted Cohen had lied to both Houses of Congress, federal judges, state judges and family.

‘You cannot send someone to prison based upon the words of Michael Cohen,’ Blanche said, adding that a verdict needs to be reached based on evidence from documents and witnesses. ‘If you do that, this is a very quick and easy not-guilty verdict.’ 

Meanwhile, prosecutor Joshua Steinglass delivered his closing argument for more than five hours Tuesday, saying the prosecution has presented ‘powerful’ evidence in their case against Trump. 

Steinglass said Trump’s intent to defraud ‘could not be any clearer,’ arguing that it would have been far easier for him to pay Stormy Daniels directly. Instead, the prosecutor said, he concocted an elaborate scheme and everything he and his cohorts did was ‘cloaked in lies.’

‘The name of the game was concealment and all roads lead inescapably to the man who benefited the most: the defendant, former President Donald Trump,’ Steinglass said.

Steinglass defended the prosecution’s use of Michael Cohen as a witness, telling the jury: ‘I’m not asking you to feel bad for Michael Cohen. He made his bed.’ 

‘But you can hardly blame him for making money from the one thing he has left, which is his knowledge of the inner workings of the Trump Organization,’ he said. 

‘We didn’t choose Michael Cohen to be our witness. We didn’t pick him up at the witness store,’ Steinglass said. ‘The defendant chose Michael Cohen to be his fixer because he was willing to lie and cheat on the defendant’s behalf.’ 

Wrapping up his five-hour presentation, Steinglass, echoing an infamous Trump line, said: ‘Donald Trump can’t shoot someone on Fifth Avenue at rush hour and get away with it.’ 

The comment prompted an objection from Trump’s lawyer, which was sustained.

Trump pleaded not guilty to all charges.