[2] Susan B. Anthony List takes the position that the health care legislation allows for taxpayer-funded abortion, a claim which was ruled by a judge to be factually incorrect.

[3] The American Civil Liberties Union of Ohio filed an 18-page amicus brief on the SBA List's behalf, arguing that the Ohio law in question is "unconstitutionally vague" and has a "chilling" effect on the SBA List's right to freedom of speech.

Driehaus then sued the SBA List in a second case on December 3, 2010, accusing the organization of defamation that caused him a "loss of livelihood".

[19][20] On August 9, 2013, the SBA List petitioned the United States Supreme Court to review the law.

[23] The Supreme Court ruled on whether SBA List could move forward with its challenge to the law, given that the proceedings against it had been stopped by former Congressman Driehaus.

[23][24] Thomas wrote that in the case there was a credible threat of harm in the form of a burden imposed on the electoral speech, where SBA List is being forced, even if they ultimately prevail, to divert significant time and resources to hire legal counsel and respond to discovery requests in the crucial days before an election.