Funniest amicus brief ever?


Steve Driehaus was a congressional representative from Ohio. After he lost the 2010 election, he sued the  Susan B. Anthony List claiming that its ad alleging that he voted in favor of federal funding of abortions lost him the race. That case was dismissed but Susan B. Anthony List sued for an injunction after the Ohio Election Commission took up the question of whether Susan B. Anthony Lists’ ads violated Ohio election laws banning false statements. The federal case was dismissed on ripeness grounds. Susan B. Anthony filed a petition for certiorari to the United States Supreme Court which  granted cert. on January 10, 2014. Susan B. Anthony List v. Driehaus, 134 S.Ct. 895, 187 L.Ed.2d 701. The Cato Institute and P.J. O’Rourke have filed an amicus brief in support of Susan B. Anthony List.  Their position is that a state cannot criminalize political statements that are not 100% truthful.   Perhaps the only brief using the word (?)  “truthiness”. 

Scotusblog’s summary of the case.

P.J O’Rourke discusses his involvement here.

One thought on “Funniest amicus brief ever?

  1. “P.J. O’Rourke is America’s leading political satirist” – an example of the phenomenon under discussion.

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