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

Paid petition · United States Court of Appeals for the Second Circuit, No. 15-974, 17-2126 · judgment December 20, 2018

Decided · June 29, 2020
Pre-decision estimate: 15% cert probability (95% interval 11%–22%)

Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

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. JUSTICE KAGAN TOOK NO PART. PRESS RELEASE OF MARCH 16, 2020 IN KEEPING WITH PUBLIC HEALTH PRECAUTIONS RECOMMENDED IN RESPONSE TO COVID-19, THE SUPREME COURT IS POSTPONING THE ORAL ARGUMENTS CURRENTLY SCHEDULED FOR THE MARCH SESSION. PRESS RELEASE OF APRIL 13, 2020 RESCHEDULED FOR ORAL ARGUMENTS BY TELEPHONE CONFERENCE. THE JUSTICES AND COUNSEL WILL ALL PARTICIPATE REMOTELY.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
David William Bowker
Wilmer Cutler Pickering Hale and Dorr LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
6 merits
(1 supporting pet./neither, 5 respondent)

Argument & decision

Argued May 5, 2020 — Christopher G. Michel · David W. Bowker. Audio and transcript

Decided June 29, 2020. Opinion by Kavanaugh.

Proceedings

  1. Jul 31 2020
    JUDGMENT ISSUED.
  2. 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.
  3. 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.
  4. Apr 15 2020
    RESCHEDULED FOR ARGUMENT on Tuesday, May 5, 2020.
  5. Apr 13 2020
    Argument to be rescheduled for May 2020.
  6. Mar 16 2020
    ORAL ARGUMENT POSTPONED.
  7. Mar 13 2020
    Reply of petitioners Agency for International Development, et al. filed. (Distributed)
  8. Mar 04 2020
    Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
  9. Mar 04 2020
    Brief amicus curiae of Adventist Development and Relief Agency International filed. (Distributed)
  10. Mar 04 2020
    Brief amici curiae of Professors of Public Health and Organizations Working in Public Health Policy and Implementation filed. (Distributed)
  11. Mar 04 2020
    Brief amicus curiae of The Cato Institute filed. (Distributed)
  12. Mar 04 2020
    Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
  13. Feb 26 2020
    Brief of respondents Alliance for Open Society International, Inc., et al. filed. (Distributed)
  14. Feb 20 2020
    Record of the USCA 2nd Circuit electronically received.
  15. Feb 20 2020
    Record of the USDC Southern District of New York electronically received.
  16. Feb 19 2020
    CIRCULATED
  17. Feb 19 2020
    Record requested from the U.S.C.A. 2nd Circuit.
  18. Feb 03 2020
    Brief amicus curiae of American Center for Law & Justice filed.
  19. Jan 31 2020
    SET FOR ARGUMENT on Wednesday, March 25, 2020.
  20. Jan 27 2020
    Brief of petitioners United States Agency for Intrnational Development, et al. filed.
  21. Jan 27 2020
    Joint appendix filed.
  22. Dec 13 2019
    Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
  23. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  24. Nov 26 2019
    Reply of petitioners United States Agency for Intrnational Development, et al. filed. (Distributed)
  25. Nov 08 2019
    Brief of respondents Alliance for Open Society International, Inc., et al. in opposition filed.
  26. 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.
  27. Aug 26 2019
    Motion to extend the time to file a response from September 9, 2019 to November 8, 2019, submitted to The Clerk.
  28. Aug 07 2019
    Petition for a writ of certiorari filed. (Response due September 9, 2019)