United States Agency for International Development v. Alliance for Open Society International, Inc.
| 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.
SCOTUSblog Coverage
- Opinion analysis: Justices uphold condition for HIV/AIDS funding (Amy Howe, June 29, 2020)
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 29, 2020)
- Argument analysis: Justices debate constitutionality of funding condition by phone (Amy Howe, May 5, 2020)
- Argument preview: Court to consider constitutionality of condition for HIV/AIDS funding – again (Amy Howe, April 28, 2020)
- Court sets cases for May telephone arguments, will make live audio available (Amy Howe, April 13, 2020)
- Justices postpone March argument session (Amy Howe, March 16, 2020)
- Justices issue March argument calendar (Amy Howe, January 31, 2020)
- Justices to take up battle over Trump financial documents (Amy Howe, December 13, 2019)
- Petitions of the week (Andrew Hamm, September 13, 2019)
| 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. |
