Update on case that included amicus by Cato Institute and P.J. O’Rourke – Susan B. Anthony List

I wrote about this back in March 

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”.


Today the United States Supreme Court reversed and remanded finding that the threat of injury  alleged by the lawsuit was sufficiently imminent that the lawsuit brought by Susan B. Anthony List should have been allowed to go forward.

As usual, what’s happening at the United States Supremes is best told by Scotusblog.com 


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s