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Friday round-up


  • In June, the Court held in Susan B. Anthony List v. Driehaus that a pre-enforcement challenge to an Ohio law prohibiting false statements in campaigns can go forward, when the challenge is brought by a group that has been previously been accused of violating the law and is at risk of being accused again. At his Election Law Blog, Rick Hasen reports that, on remand, a federal district court has now struck down the law itself.
  • On Saturday at 6 p.m., C-SPAN Radio will continue its series on historic oral arguments and what they might mean for current cases with a show on Virginia v. Black and Elonis v. United States.
  • At Re’s Judicata, Richard Re discusses a recent article by Erin Morrow Hawley in which Hawley suggests that, in its June decision in Burwell v. Hobby Lobby Stores, “all nine Justices . . . made ‘a serious mistake’ in failing to address, much less mention, a jurisdictional problem.”
  • In an op-ed for The New York Times, economists Henry Aaron, David Cutler, and Peter Orszag urge the Court to “wait to see what the lower courts dobefore deciding whether to intervene” in the challenges to the Affordable Care Act’s subsidies for individuals who purchase health insurance through exchanges established by the federal government, rather than a state.

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Recommended Citation: Amy Howe, Friday round-up, SCOTUSblog (Sep. 12, 2014, 8:04 AM),