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ALLIANCE FOR OPEN SOC. INTERN. INC. v. U.S. AGENCY INTERN. DEV.

Docket No. 08-4917-CV.

651 F.3d 218 (2011)

ALLIANCE FOR OPEN SOCIETY INTERNATIONAL, INC., Pathfinder International, Global Health Council, Interaction, Plaintiffs-Appellees, Open Society Institute, Plaintiff, v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, Rajiv Shah, in his official capacity as Administrator of the U.S. Agency for International Development, and his successors, United States Centers for Disease Control and Prevention, Thomas R. Frieden, in his official capacity as Director of the U.S. Centers for Disease Control and Prevention, and his successors, United States Department of Health and Human Services, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, and her successors, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 6, 2011.

Attorney(s) appearing for the Case

Rebekh Diller, Brennan Center for Justice at NYU School of Law, New York, NY ( Laura K. Abel,   Alicia L. Bannon,   David S. Udell, Brennan Center for Justice at NYU School of Law, New York, NY; David W. Bowker,   Sue-Yun Ahn, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Jason D. Hirsch, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, on the brief), for Plaintiffs-Appellees.

Benjamin H. Torrance, Assistant United States Attorney for the Southern District of New York ( David S. Jones, Assistant United States Attorney, of counsel; Preet Bharara, United States Attorney, on the brief), for Defendants-Appellants.

Lenora M. Lapidus, Women's Rights Project, American Civil Liberties Union, New York, NY ( Mie Lewis, Women's Rights Project, American Civil Liberties Union, New York, NY; Arthur N. Eisenberg,   Alexis Karterton, New York Civil Liberties Union, New York, NY; James Esseks,   Rose Saxe, LGBT and AIDS Project, American Civil Liberties Union, New York, NY, on the brief), for Amici Curiae American Humanist Association and 24 Other Public Health and Human Rights Organizations and Experts.

Lawrence S. Lustberg ( Eileen M. Connor, on the brief), Gibbons P.C., Newark, NJ, for Amicus Curiae Independent Sector.

Judge STRAUB dissents in a separate opinion.

B.D. PARKER, JR., Circuit Judge:

Defendants-Appellants the U.S. Agency for International Development ("USAID"), the U.S. Department of Health and Human Services ("HHS"), and the U.S. Centers for Disease Control and Prevention ("CDC") (collectively, the "Agencies" or "Defendants") appeal from preliminary injunctions entered by the United States District Court for the Southern District of New York (Marrero, J.). The district court enjoined the Agencies from enforcing...

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