|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-177||2d Cir.||May 5, 2020||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.
|Date||Proceedings and Orders |
|Aug 07 2019||Petition for a writ of certiorari filed. (Response due September 9, 2019)|
|Aug 26 2019||Motion to extend the time to file a response from September 9, 2019 to November 8, 2019, submitted to The Clerk.|
|Sep 03 2019||Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2019.|
|Nov 08 2019||Brief of respondents Alliance for Open Society International, Inc., et al. in opposition filed.|
|Nov 26 2019||DISTRIBUTED for Conference of 12/13/2019.|
|Nov 26 2019||Reply of petitioners United States Agency for Intrnational Development, et al. filed. (Distributed)|
|Dec 13 2019||Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.|
|Jan 27 2020||Brief of petitioners United States Agency for Intrnational Development, et al. filed.|
|Jan 27 2020||Joint appendix filed.|
|Jan 31 2020||SET FOR ARGUMENT on Wednesday, March 25, 2020.|
|Feb 03 2020||Brief amicus curiae of American Center for Law & Justice filed.|
|Feb 19 2020||CIRCULATED|
|Feb 19 2020||Record requested from the U.S.C.A. 2nd Circuit.|
|Feb 20 2020||Record of the USCA 2nd Circuit electronically received.|
|Feb 20 2020||Record of the USDC Southern District of New York electronically received.|
|Feb 26 2020||Brief of respondents Alliance for Open Society International, Inc., et al. filed. (Distributed)|
|Mar 04 2020||Brief amici curiae of Current and Former Members of Congress filed. (Distributed)|
|Mar 04 2020||Brief amicus curiae of Adventist Development and Relief Agency International filed. (Distributed)|
|Mar 04 2020||Brief amici curiae of Professors of Public Health and Organizations Working in Public Health Policy and Implementation filed. (Distributed)|
|Mar 04 2020||Brief amicus curiae of The Cato Institute filed. (Distributed)|
|Mar 04 2020||Brief amicus curiae of Washington Legal Foundation filed. (Distributed)|
|Mar 13 2020||Reply of petitioners Agency for International Development, et al. filed. (Distributed)|
|Mar 16 2020||ORAL ARGUMENT POSTPONED.|
|Apr 13 2020||Argument to be rescheduled for May 2020.|
|Apr 15 2020||RESCHEDULED FOR ARGUMENT on Tuesday, May 5, 2020.|
|May 05 2020||Argued. 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 2020||Judgment 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.|
|Jul 31 2020||JUDGMENT ISSUED.|
The clerk of the court just notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG.
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