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List v. Driehaus

United States Court of Appeals, Sixth Circuit

March 6, 2015

SUSAN B. ANTHONY LIST, Plaintiff-Appellee,
v.
STEVEN DRIEHAUS, Defendant-Appellant

Argued October 8, 2014

Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 1:10-cv-00720--Timothy S. Black, District Judge.

ARGUED:

Paul M. De Marco, MARKOVITS, STOCK & DEMARCO, LLC, Cincinnati, Ohio, for Appellant.

Michael A. Carvin, JONES DAY, Washington, D.C., for Appellee.

ON BRIEF:

Paul M. De Marco, MARKOVITS, STOCK & DEMARCO, LLC, Cincinnati, Ohio, Katherine Demarest DORSEY & WHITNEY, Anchorage, Alaska, for Appellant.

Michael A. Carvin, Jacob M. Roth, JONES DAY, Washington, D.C., David R. Langdon, Joshua B. Bolinger, LANGDON LAW LLC, West Chester, Ohio, Robert A. Destro, Arlington, Virginia, for Appellee.

Steven H. Aden, ALLIANCE DEFENDING FREEDOM, Washington, D.C., for Amici Curiae.

Before: BATCHELDER, GILMAN, and GIBBONS, Circuit Judges.

OPINION

Page 629

ALICE M. BATCHELDER, J.

The counterclaim plaintiff, Steven Driehaus, appeals the district court's grant of summary judgment to counterclaim defendant Susan B. Anthony List (hereinafter " SBA List" ) on Driehaus's defamation claim. We affirm.

I.

On March 21, 2010, the United States House of Representatives voted on the Patient Protection and Affordable Care Act, Pub. L. 111-148, 124 Stat. 119 (2010) (hereinafter " PPACA" ), and it passed by a vote of 219 to 212. Leading up to the vote, there had been significant debate over many aspects of the bill, including the possibility that it included taxpayer funding for abortion. Several anti-abortion advocates raised these concerns during that debate. In fact, then-congressman Steven Driehaus was one such advocate.

Driehaus was a first-term U.S. Representative from Ohio's 1st Congressional District and an anti-abortion Democrat. He ...


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