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United States Agency for International Development v. Alliance for Open Society International, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
19-177 2d Cir. May 5, 2020
Tr.Aud.
Jun 29, 2020 5-3 Kavanaugh OT 2019

Holding: Because the foreign affiliates of American NGOs possess no First Amendment rights, the requirement for funding under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act that organizations have “a policy explicitly opposing prostitution and sex trafficking,” as applied those foreign affiliates, does not violate the Constitution.

Judgment: Reversed, 5-3, in an opinion by Justice Kavanaugh on June 29, 2020. Justice Thomas filed a concurring opinion. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Sotomayor joined. Justice Kagan took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 07 2019Petition for a writ of certiorari filed. (Response due September 9, 2019)
Aug 26 2019Motion to extend the time to file a response from September 9, 2019 to November 8, 2019, submitted to The Clerk.
Sep 03 2019Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2019.
Nov 08 2019Brief of respondents Alliance for Open Society International, Inc., et al. in opposition filed.
Nov 26 2019DISTRIBUTED for Conference of 12/13/2019.
Nov 26 2019Reply of petitioners United States Agency for Intrnational Development, et al. filed. (Distributed)
Dec 13 2019Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Jan 27 2020Brief of petitioners United States Agency for Intrnational Development, et al. filed.
Jan 27 2020Joint appendix filed.
Jan 31 2020SET FOR ARGUMENT on Wednesday, March 25, 2020.
Feb 03 2020Brief amicus curiae of American Center for Law & Justice filed.
Feb 19 2020CIRCULATED
Feb 19 2020Record requested from the U.S.C.A. 2nd Circuit.
Feb 20 2020Record of the USCA 2nd Circuit electronically received.
Feb 20 2020Record of the USDC Southern District of New York electronically received.
Feb 26 2020Brief of respondents Alliance for Open Society International, Inc., et al. filed. (Distributed)
Mar 04 2020Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
Mar 04 2020Brief amicus curiae of Adventist Development and Relief Agency International filed. (Distributed)
Mar 04 2020Brief amici curiae of Professors of Public Health and Organizations Working in Public Health Policy and Implementation filed. (Distributed)
Mar 04 2020Brief amicus curiae of The Cato Institute filed. (Distributed)
Mar 04 2020Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Mar 13 2020Reply of petitioners Agency for International Development, et al. filed. (Distributed)
Mar 16 2020ORAL ARGUMENT POSTPONED.
Apr 13 2020Argument to be rescheduled for May 2020.
Apr 15 2020RESCHEDULED FOR ARGUMENT on Tuesday, May 5, 2020.
May 05 2020Argued. For petitioners: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: David W. Bowker, Washington, D. C.
Jun 29 2020Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. Kagan, J., took no part in the consideration or decision of the case.
 
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