Susan B. Anthony List v. Driehaus
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-193 | 6th Cir. | Apr 22, 2014 | Jun 16, 2014 | 9-0 | Thomas | OT 2013 |
Holding: A preenforcement challenge to an Ohio statute that prohibits certain "false statements" during a political campaign is justiciable, and the challengers have alleged a sufficiently imminent injury for purposes of Article III, when they have pleaded specific statements that they intend to make in future election cycles that are arguably proscribed by the Ohio law and there is a history of past enforcement of the law insofar as one challenger was the subject of a complaint in a recent election cycle.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 16, 2014.
SCOTUSblog Coverage
- Commentary: Susan B. Anthony List, Clapper footnote 5, and the state of Article III standing doctrine (Marty Lederman, June 17, 2014)
- Opinion analysis: False politicking law open to challenge (Lyle Denniston, June 16, 2014)
- A view from the Court: Big arguments, preceded by an even bigger opinion (Mark Walsh, April 22, 2014)
- Argument analysis: Thirty years later, "1984" is still scary (Lyle Denniston, April 22, 2014)
- Argument preview: Attack ads and the First Amendment (Lyle Denniston, April 17, 2014)
- DeWine v. DeWine (with the United States somewhere in between) (Marty Lederman, April 8, 2014)
- SCOTUS for law students (sponsored by Bloomberg Law): Litigating free speech cases (Stephen Wermiel, March 31, 2014)
- Commentary: The return of the Robert Bork dueling briefs strategy: Buckley v. Valeo, Susan B. Anthony List, and Ohio Attorney General DeWine (Marty Lederman, March 17, 2014)
| Date | Proceedings and Orders |
|---|---|
| 08/09/2013 | Petition for a writ of certiorari filed. (Response due September 12, 2013) |
| 08/21/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents John Mroczkowski, et al.. |
| 09/06/2013 | Waiver of right of respondent Steven Driehaus to respond filed. |
| 09/11/2013 | Waiver of right of respondents Ohio Elections Commission, Charles Calvert, Bryan Felmet, John Mroczkowski, Harvey Shapiro, Jayme Smoot, Degee Wilhelm, Larry Wolpert, Philip Richter, Jon Husted to respond filed. |
| 09/12/2013 | Brief amici curiae of Institute for Justice, et al. filed. |
| 09/12/2013 | Brief amici curiae of 1851 Center for Consititution Law, et al. filed. |
| 09/25/2013 | DISTRIBUTED for Conference of October 11, 2013. |
| 09/26/2013 | Response Requested . (Due October 28, 2013) |
| 10/07/2013 | Order extending time to file response to petition to and including November 27, 2013, for all respondents. |
| 11/13/2013 | Letter of November 5, 2013, from counsel for Steven Driehaus received. |
| 11/27/2013 | Brief of State Respondents in opposition filed. |
| 12/11/2013 | DISTRIBUTED for Conference of January 10, 2014. |
| 12/11/2013 | Reply of petitioners Susan B. Anthony List, et al. filed. (Distributed) |
| 01/10/2014 | Petition GRANTED. |
| 02/11/2014 | SET FOR ARGUMENT ON Tuesday, April 22, 2014 |
| 02/12/2014 | Record received from U.S.C.A. 6th Circuit is electronic (Not on PACER). |
| 02/12/2014 | Record received from U.S.D.C. Southern District of Ohio Western Division at Cincinnati is electronic and located on PACER. |
| 02/19/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 02/19/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party , received from counsel for the State Respondents. |
| 02/24/2014 | Joint appendix filed. (Statement of costs filed.) |
| 02/24/2014 | Brief of petitioners Susan B. Anthony List, et al. filed. |
| 02/24/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Steven Driehaus, et al. |
| 02/28/2014 | Brief amici curiae of Institute for Justice, et al. filed. |
| 02/28/2014 | Brief amici curiae of Cato Institute, and P.J. O'Rourke filed. |
| 02/28/2014 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| 02/28/2014 | Brief amicus curiae of Bioethics Defense Fund filed. |
| 02/28/2014 | Brief amicus curiae of Southeastern Legal Foundation filed. |
| 02/28/2014 | Brief amici curiae of American Booksellers Association, et al. filed. |
| 03/03/2014 | Brief amicus curiae of the United States filed. |
| 03/03/2014 | Brief amicus curiae of Alliance Defending Freedom filed. |
| 03/03/2014 | Brief amicus curiae of Ohio Attorney General Michael DeWine in support of neither party filed. |
| 03/03/2014 | Brief amicus curiae of Center for Competitive Politics filed. |
| 03/03/2014 | Brief amicus curiae of Student Press Law Center filed. |
| 03/03/2014 | Brief amici curiae of Christian Legal Society, et al. filed. |
| 03/03/2014 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| 03/03/2014 | Brief amicus curiae of Foundation for Incividual Rights in Education filed. |
| 03/03/2014 | Brief amici curiae of General Conference of Seventh-Day Adventists, et al. filed. |
| 03/03/2014 | Brief amici curiae of Citizens United, et al. filed. |
| 03/03/2014 | Brief amicus curiae of 1851 Center for Consititutional Law filed. |
| 03/03/2014 | Brief amicus curiae of First Amendment Lawyers Association filed. |
| 03/03/2014 | Brief amicus curiae of Republican National Committee filed. |
| 03/03/2014 | Brief amicus curiae of The Government Integrity Fund filed. |
| 03/03/2014 | Brief amicus curiae of Justice and Freedom Fund filed. |
| 03/10/2014 | CIRCULATED. |
| 03/10/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/26/2014 | Brief of respondents State Respondents filed. (Distributed) |
| 04/09/2014 | Reply of petitioners Susan B. Anthony List, et al. filed. (Distributed) |
| 04/18/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/22/2014 | Argued. For petitioners: Michael A. Carvin, Washington, D. C. For the United States, as amicus curiae: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Eric E. Murphy, State Solicitor, Columbus, Ohio. |
| 06/16/2014 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. |
| 07/18/2014 | JUDGMENT ISSUED |