On January 10, the U.S. Supreme Court said that it will hear Susan B. Anthony List v Driehaus, 13-193. The issue is Ohio’s law making it illegal for anyone to make a false statement about a candidate for public office or a ballot measure. The lower courts have repeatedly refused to adjudicate the constitutionality of the law, not only in this case, but in prior cases.
It is possible the U.S. Supreme Court will only determine whether the procedural obstacles to deciding this issue should be set aside. If that happens, there would be no U.S. Supreme Court decision about the constitutionality of the law itself. The lower courts would need to do that. Thanks to Rick Hasen for the news.
The U.S. Supreme Court also accepted seven other cases on January 10. Because the Court did not accept Republican Party of Nevada v Miller, 13-442, it is almost certain that the Court will announce on January 13 that it has refused that case. That case concerns Nevada’s law putting “None of these candidates” on the ballot for statewide office, and whether the plaintiffs had standing to challenge it.