The Court’s decision in Susan B. Anthony List v. Driehaus issued today rests on the doctrine of “standing” necessary for a party to invoke the power of the federal courts to hear a case.   The Court unanimously reverses the Sixth Circuit’s finding that the anti-abortion organization did not demonstrate it had a fear of future action by the Ohio Election Commission.  This means that the organization can challenge Ohio’s provision banning false statements in elections as violating the First Amendment.

Maybe the Court’s opinion is more political than it seems?   Here’s my discussion on the Constitutional Law Professors Blog.