The U.S. Supreme Court is currently considering whether or not to hear Susan B. Anthony List v Driehaus, 13-193, a case over whether Ohio’s law criminalizing making a false statement in a campaign ad violates the First Amendment. The case began after Congressman Stephen Driehaus sued the Susan B. Anthony List because it claimed he voted to force taxpayers to pay for abortions. Driehaus, a Democrat from Cincinnati, had been defeated for re-election in 2010 and his lawsuit was filed after he had lost. His lawsuit depended on the Ohio law against false campaign ads.

Eventually Driehaus dropped his attempt to win damages against the Susan B. Anthony List, but in the meantime the Susan B. Anthony List took the initiative in the lawsuit to argue that the Ohio law violates the First Amendment. The lower courts refused to rule on the Ohio law, so the Susan B. Anthony List asked the U.S. Supreme Court to hear the case. The U.S. Supreme Court, showing some interest in the case, then asked the state and also Driehaus to respond. But on November 5, attorneys for Driehaus notified the Court that Driehaus will not submit a response. Therefore, it will be up to the state of Ohio to handle the defense of its law, without any help from Driehaus.