September 2, 2014
One would expect that after a 9-0 victory at the US Supreme Court, a case finally would be “over,” but that’s not always the case.
In SBA List and COAST v. Ohio Elections Commission such is the posture of the litigation. The Supreme Court ruling merely ended the procedural skirmish over the question of whether the Plaintiffs has standing to even be in court to challenge the law that criminalizes political speech in Ohio. After four years working through the Courts, that question finally was answered in the affirmative.
Now we are back before the Federal District Court judge, Timothy Black on the merits of the case — is Ohio’s “False Claims” statute constitutional. Our client, COAST, along with the Susan B. Anthony List, maintains that it is not.
That topic quickly has become the subject of cross motions for summary judgment. The matter has been fully briefed and is now the subject of oral argument before Judge Black this Thursday, September 4th at 2:30 PM on both those MSJ motions, and alternately Plaintiff’s motion for Preliminary Injunction.
It is our hope and expectation that Judge Black will rule on one or both of those motions quickly so that all Ohio candidates and the public can proceed in the Fall elections knowing if they are subject to Ohio’s statute regulating electoral conduct.
We will keep you advised as to progress.