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

Docket No. Op. Below Argument Opinion Vote Author Term
12-10 2d Cir. Apr 22, 2013 Jun 20, 2013 6-2 Roberts OT 2012

Holding: The requirement that nongovernmental organizations wishing to receive funding from the federal government for HIV and AIDS programs overseas adopt a policy explicitly opposing prostitution violates the First Amendment.

Judgment: Affirmed, 6-2, in an opinion by Chief Justice Roberts on June 20, 2013. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Kagan took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/20/2012Application (11A999) to extend the time to file a petition for a writ of certiorari from May 2, 2012 to July 1, 2012, submitted to Justice Ginsburg.
04/20/2012Application (11A999) granted by Justice Ginsburg extending the time to file until July 2, 2012.
07/02/2012Petition for a writ of certiorari filed. (Response due August 2, 2012)
07/02/2012Appendix of Agency for International Development, et al. filed.
07/19/2012Order extending time to file response to petition to and including September 4, 2012.
08/13/2012Order further extending time to file response to petition to and including October 4, 2012.
09/21/2012Order further extending time to file response to petition to and including November 5, 2012.
11/05/2012Order further extending time to file response to petition to and including December 5, 2012.
12/03/2012Order further extending time to file response to petition to and including December 12, 2012.
12/12/2012Brief of respondents Alliance for Open Society International, Inc., et al. in opposition filed.
12/26/2012DISTRIBUTED for Conference of January 11, 2013.
01/11/2013Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
02/11/2013SET FOR ARGUMENT ON Monday, April 22, 2013
02/25/2013Brief of petitioners Agency for International Development, et al. filed.
02/25/2013Joint appendix filed. (Statement of costs filed.)
02/27/2013Record Received from the U.S.D.C. Southern District of New York. (1-Box)
03/01/2013CIRCULATED.
03/04/2013Brief amicus curiae of American Center for Law and Justice filed. (Distributed)
03/04/2013Brief amicus curiae of Coalition Against Trafficking in Women filed. (Distributed)
03/19/2013Record from U.S.C.A. for 2nd Circuit is electronic.
03/27/2013Brief of respondents Alliance for Open Society International, Inc., et al. filed. (Distributed)
04/01/2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
04/02/2013Brief amici curiae of American Civil Liberties Union, et al. filed.
04/03/2013Brief amicus curiae of Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS Secretariat) filed. (Distributed)
04/03/2013Brief amicus curiae of Heartbeat International, Inc. filed. (Distributed)
04/03/2013Brief amici curiae of Deans and professors of public health and organizations working in public health policy and implementation filed. (Distributed)
04/03/2013Brief amici curiae of Becket Fund for Religious Liberty and the Christian Legal Society filed. (Distributed)
04/03/2013Brief amicus curiae of Independent Sector filed. (Distributed)
04/03/2013Brief amicus curiae of Rutherford Institute filed. (Distributed)
04/03/2013Brief amicus curiae of Current and Former Members of Congress filed. (Distributed)
04/03/2013Brief amicus curiae of Cato Institute filed.
04/03/2013Brief amicus curiae of Thomas Jefferson Center for the Protection of Free Expression filed.
04/15/2013Reply of petitioners Agency for International Development, et al. filed. (Distributed)
04/22/2013Argued. For petitioners: Sri Srinivasan, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: David W. Bowker, Washington, D. C.
06/20/2013Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Kagan, J., took no part in the consideration or decision of the case.
07/22/2013JUDGMENT ISSUED.
07/29/2013Record returned to U.S.D.C. for Southern District of New York.

Holding: The requirement that nongovernmental organizations wishing to receive funding from the federal government for HIV and AIDS programs overseas adopt a policy explicitly opposing prostitution violates the First Amendment.

 

Judgment:”Affirmed, 6-2, in an opinion by Chief Justice Roberts on June 20, 2013. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Kagan took no part in the consideration or decision of this case.