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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)
Apr 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.
Apr 20 2012Application (11A999) granted by Justice Ginsburg extending the time to file until July 2, 2012.
Jul 2 2012Petition for a writ of certiorari filed. (Response due August 2, 2012)
Jul 2 2012Appendix of Agency for International Development, et al. filed.
Jul 19 2012Order extending time to file response to petition to and including September 4, 2012.
Aug 13 2012Order further extending time to file response to petition to and including October 4, 2012.
Sep 21 2012Order further extending time to file response to petition to and including November 5, 2012.
Nov 5 2012Order further extending time to file response to petition to and including December 5, 2012.
Dec 3 2012Order further extending time to file response to petition to and including December 12, 2012.
Dec 12 2012Brief of respondents Alliance for Open Society International, Inc., et al. in opposition filed.
Dec 26 2012DISTRIBUTED for Conference of January 11, 2013.
Jan 11 2013Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Feb 11 2013SET FOR ARGUMENT ON Monday, April 22, 2013
Feb 25 2013Brief of petitioners Agency for International Development, et al. filed.
Feb 25 2013Joint appendix filed. (Statement of costs filed.)
Feb 27 2013Record Received from the U.S.D.C. Southern District of New York. (1-Box)
Mar 1 2013CIRCULATED.
Mar 4 2013Brief amicus curiae of American Center for Law and Justice filed. (Distributed)
Mar 4 2013Brief amicus curiae of Coalition Against Trafficking in Women filed. (Distributed)
Mar 19 2013Record from U.S.C.A. for 2nd Circuit is electronic.
Mar 27 2013Brief of respondents Alliance for Open Society International, Inc., et al. filed. (Distributed)
Apr 1 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Apr 2 2013Brief amici curiae of American Civil Liberties Union, et al. filed.
Apr 3 2013Brief amicus curiae of Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS Secretariat) filed. (Distributed)
Apr 3 2013Brief amicus curiae of Heartbeat International, Inc. filed. (Distributed)
Apr 3 2013Brief amici curiae of Deans and professors of public health and organizations working in public health policy and implementation filed. (Distributed)
Apr 3 2013Brief amici curiae of Becket Fund for Religious Liberty and the Christian Legal Society filed. (Distributed)
Apr 3 2013Brief amicus curiae of Independent Sector filed. (Distributed)
Apr 3 2013Brief amicus curiae of Rutherford Institute filed. (Distributed)
Apr 3 2013Brief amicus curiae of Current and Former Members of Congress filed. (Distributed)
Apr 3 2013Brief amicus curiae of Cato Institute filed.
Apr 3 2013Brief amicus curiae of Thomas Jefferson Center for the Protection of Free Expression filed.
Apr 15 2013Reply of petitioners Agency for International Development, et al. filed. (Distributed)
Apr 22 2013Argued. For petitioners: Sri Srinivasan, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: David W. Bowker, Washington, D. C.
Jun 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.
Jul 22 2013JUDGMENT ISSUED.
Jul 29 2013Record returned to U.S.D.C. for Southern District of New York.