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

Docket No.19-177
Op. Below2d Cir.
ArgumentMay 5, 2020
Vote5-3
AuthorBrett Kavanaugh
OpinionJun 29, 2020
TermOctober Term 2019
SCOTUS PageOpinion

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 Brett Kavanaugh on Jun 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.

Proceedings & orders timeline

Aug 7, 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 3, 2019
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2019.
Nov 8, 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 3, 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 4, 2020
Brief amici curiae of Current and Former Members of Congress filed. (Distributed)Mar 4, 2020
Brief amicus curiae of Adventist Development and Relief Agency International filed. (Distributed)Mar 4, 2020
Brief amici curiae of Professors of Public Health and Organizations Working in Public Health Policy and Implementation filed. (Distributed)Mar 4, 2020
Brief amicus curiae of The Cato Institute filed. (Distributed)Mar 4, 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 5, 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.

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