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Susan B. Anthony List v. Driehaus

Docket No.13-193
Op. Below6th Cir.
ArgumentApr 22, 2014

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 Clarence Thomas on Jun 16, 2014.

Proceedings & orders timeline

Aug 9, 2013
Petition for a writ of certiorari filed. (Response due September 12, 2013)
Aug 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..
Sep 6, 2013
Waiver of right of respondent Steven Driehaus to respond filed.
Sep 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.
Sep 12, 2013
Brief amici curiae of Institute for Justice, et al. filed.
Sep 12, 2013
Brief amici curiae of 1851 Center for Consititution Law, et al. filed.
Sep 25, 2013
DISTRIBUTED for Conference of October 11, 2013.
Sep 26, 2013
Response Requested . (Due October 28, 2013)
Oct 7, 2013
Order extending time to file response to petition to and including November 27, 2013, for all respondents.
Nov 13, 2013
Letter of November 5, 2013, from counsel for Steven Driehaus received.
Nov 27, 2013
Brief of State Respondents in opposition filed.
Dec 11, 2013
DISTRIBUTED for Conference of January 10, 2014.
Dec 11, 2013
Reply of petitioners Susan B. Anthony List, et al. filed. (Distributed)
Jan 10, 2014
Petition GRANTED.
Feb 11, 2014
SET FOR ARGUMENT ON Tuesday, April 22, 2014
Feb 12, 2014
Record received from U.S.C.A. 6th Circuit is electronic (Not on PACER).
Feb 12, 2014
Record received from U.S.D.C. Southern District of Ohio Western Division at Cincinnati is electronic and located on PACER.
Feb 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.
Feb 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.
Feb 24, 2014
Joint appendix filed. (Statement of costs filed.)
Feb 24, 2014
Brief of petitioners Susan B. Anthony List, et al. filed.
Feb 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.
Feb 28, 2014
Brief amici curiae of Institute for Justice, et al. filed.
Feb 28, 2014
Brief amici curiae of Cato Institute, and P.J. O'Rourke filed.
Feb 28, 2014
Brief amici curiae of American Civil Liberties Union, et al. filed.
Feb 28, 2014
Brief amicus curiae of Bioethics Defense Fund filed.
Feb 28, 2014
Brief amicus curiae of Southeastern Legal Foundation filed.
Feb 28, 2014
Brief amici curiae of American Booksellers Association, et al. filed.
Mar 3, 2014
Brief amicus curiae of the United States filed.
Mar 3, 2014
Brief amicus curiae of Alliance Defending Freedom filed.
Mar 3, 2014
Brief amicus curiae of Ohio Attorney General Michael DeWine in support of neither party filed.
Mar 3, 2014
Brief amicus curiae of Center for Competitive Politics filed.
Mar 3, 2014
Brief amicus curiae of Student Press Law Center filed.
Mar 3, 2014
Brief amici curiae of Christian Legal Society, et al. filed.
Mar 3, 2014
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Mar 3, 2014
Brief amicus curiae of Foundation for Incividual Rights in Education filed.
Mar 3, 2014
Brief amici curiae of General Conference of Seventh-Day Adventists, et al. filed.
Mar 3, 2014
Brief amici curiae of Citizens United, et al. filed.
Mar 3, 2014
Brief amicus curiae of 1851 Center for Consititutional Law filed.
Mar 3, 2014
Brief amicus curiae of First Amendment Lawyers Association filed.
Mar 3, 2014
Brief amicus curiae of Republican National Committee filed.
Mar 3, 2014
Brief amicus curiae of The Government Integrity Fund filed.
Mar 3, 2014
Brief amicus curiae of Justice and Freedom Fund filed.
Mar 10, 2014
CIRCULATED.
Mar 10, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 26, 2014
Brief of respondents State Respondents filed. (Distributed)
Apr 9, 2014
Reply of petitioners Susan B. Anthony List, et al. filed. (Distributed)
Apr 18, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 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.
Jun 16, 2014
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
Jul 18, 2014
JUDGMENT ISSUED

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