No. 19-177

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

Lower Court: Second Circuit
Docketed: 2019-08-08
Status: Judgment Issued
Type: Paid
Amici (6) Experienced Counsel
Tags: civil-rights federal-funding first-amendment foreign-policy free-speech funding-conditions hiv-aids overseas-affiliates prostitution speech-restriction standing statutory-interpretation
Key Terms:
FirstAmendment Trademark JusticiabilityDoctri
Latest Conference: 2019-12-13
Question Presented (AI Summary)

Whether the First Amendment bars enforcement of Congress's directive that respondents 'have a policy explicitly opposing prostitution and sex trafficking' as a condition of accepting federal funds to fight HIV/AIDS abroad with respect to legally distinct foreign entities operating overseas that are affiliated with respondents

Question Presented (from Petition)

QUESTION PRESENTED Respondents are United States-based organizations that receive federal funds to fight HIV/AIDS abroad. In Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013), this Court held that the First Amendment bars enforcement of Congress’s directive that respondents “have a policy explicitly opposing prostitution and sex trafficking” as a condition of accepting those funds. 22 U.S.C. 7631(f). The question presented is whether the First Amendment further bars enforcement of that directive with respect to legally distinct foreign entities operating overseas that are affiliated with respondents. (I)

Docket Entries

2020-07-31
JUDGMENT ISSUED.
2020-06-29
Judgment REVERSED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-177_b97c.pdf'>opinion</a> 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.
2020-05-05
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.
2020-04-15
RESCHEDULED FOR ARGUMENT on Tuesday, May 5, 2020.
2020-04-13
Argument to be rescheduled for May 2020.
2020-03-16
ORAL ARGUMENT POSTPONED.
2020-03-13
Reply of petitioners Agency for International Development, et al. filed. (Distributed)
2020-03-04
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
2020-03-04
Brief amicus curiae of The Cato Institute filed. (Distributed)
2020-03-04
Brief amici curiae of Professors of Public Health and Organizations Working in Public Health Policy and Implementation filed. (Distributed)
2020-03-04
Brief amicus curiae of Adventist Development and Relief Agency International filed. (Distributed)
2020-03-04
Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
2020-02-26
Brief of respondents Alliance for Open Society International, Inc., et al. filed. (Distributed)
2020-02-20
Record of the USDC Southern District of New York electronically received.
2020-02-20
Record of the USCA 2nd Circuit electronically received.
2020-02-19
Record requested from the U.S.C.A. 2nd Circuit.
2020-02-19
CIRCULATED
2020-02-03
Brief amicus curiae of American Center for Law & Justice filed.
2020-01-31
SET FOR ARGUMENT on Wednesday, March 25, 2020.
2020-01-27
Joint appendix filed.
2020-01-27
Brief of petitioners United States Agency for Intrnational Development, et al. filed.
2019-12-13
Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
2019-11-26
Reply of petitioners United States Agency for Intrnational Development, et al. filed. (Distributed)
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-08
Brief of respondents Alliance for Open Society International, Inc., et al. in opposition filed.
2019-09-03
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2019.
2019-08-26
Motion to extend the time to file a response from September 9, 2019 to November 8, 2019, submitted to The Clerk.
2019-08-07
Petition for a writ of certiorari filed. (Response due September 9, 2019)

Attorneys

Adventist Development and Relief Agency International
Eugene VolokhMayer Brown LLP, Amicus
Eugene VolokhMayer Brown LLP, Amicus
Agency for International Development, et al.
Noel J. FranciscoSolicitor General, Petitioner
Noel J. FranciscoSolicitor General, Petitioner
Alliance for Open Society International, Inc., et al.
David William BowkerWilmer Cutler Pickering Hale and Dorr LLP, Respondent
David William BowkerWilmer Cutler Pickering Hale and Dorr LLP, Respondent
American Center for Law & Justice
Jay Alan Sekulow — Amicus
Jay Alan Sekulow — Amicus
Current and Former Members of Congress
Carter G. PhillipsSidley Austin LLP, Amicus
Carter G. PhillipsSidley Austin LLP, Amicus
Professors of Public Health and Organizations Working in Public Health Policy and Implementation
Jessica Ring AmunsonJenner & Block LLP, Amicus
Jessica Ring AmunsonJenner & Block LLP, Amicus
The Cato Institute
Megan L. BrownWiley Rein LLP, Amicus
Megan L. BrownWiley Rein LLP, Amicus
Washington Legal Foundation
Douglas Webber DunhamDechert LLP, Amicus
Douglas Webber DunhamDechert LLP, Amicus