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ACLUM v. CONFERENCE OF CATHOLIC BISHOPS

Nos. 12-1466, 12-1658.

705 F.3d 44 (2013)

AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, Plaintiff, Appellee, v. UNITED STATES CONFERENCE OF CATHOLIC BISHOPS, Defendant, Appellant, Kathleen Sebelius, Secretary of the Department of Health and Human Services; George Sheldon, Acting Assistant Secretary for the Administration of Children and Families; Eskinder Negash, Director of the Office of Refugee Resettlement, Defendants.

United States Court of Appeals, First Circuit.

January 15, 2013.

Attorney(s) appearing for the Case

Lowell V. Sturgill, Jr. , Attorney, Appellate Staff Civil Division, U.S. Department of Justice, with whom Stuart F. Delery , Assistant Attorney General, Carmen Ortiz , United States Attorney, Beth S. Brinkmann , Deputy Assistant Attorney General, and Matthew M. Collette , Attorney, Appellate Staff Civil Division, U.S. Department of Justice, were on brief, for defendants Kathleen Sebelius, et al.

Henry C. Dinger , with whom Catalina Azuero , Goodwin Procter LLP, Anthony R. Picarello, Jr. , and Jeffrey Hunter Moon , were on brief, for defendant-appellant United States Conference of Catholic Bishops.

James L. Hirsen and Deborah J. Dewart on brief for Justice and Freedom Fund, amicus curiae.

Eric Rassbach and S. Kyle Duncan on brief for The Becket Fund for Religious Liberty et al., amicus curiae.

Brigitte Amiri , with whom Andrew D. Beck , Rose Ann Saxe , Daniel Mach , Heather L. Weaver , and Sarah R. Wunsch , were on brief, for plaintiff-appellee American Civil Liberties Union of Massachusetts.

Alex J. Luchenitser , Ayesha N. Khan , Steven M. Freeman , David L. Barkey , Robert O. Trestan , K. Hollyn Hollman , and Gretchen S. Futrell on brief for Americans United for Separation of Church and State et al., amicus curiae.

Gabrielle Viator , Assistant Attorney General, Martha Coakley , Attorney General of Massachusetts, and Genevieve C. Nadeau , Assistant Attorney General, on brief for Commonwealth of Massachusetts, amicus curiae.

Eliza M. Scheibel , Anne Harkavy , P. Patty Li , and Wilmer Cutler Pickering Hale and Dorr LLP on brief for Organizations Serving Trafficking Victims, amicus curiae.

Before LYNCH, Chief Judge, TORRUELLA, Circuit Judge, and DiCLERICO, District Judge.

LYNCH, Chief Judge.

The American Civil Liberties Union of Massachusetts (ACLUM), asserting taxpayer standing on behalf of its members, brought suit in 2009 alleging that the U.S. Department of Health and Human Services (HHS) violated the Establishment Clause of the First Amendment. HHS had received funds appropriated by Congress under the Trafficking Victims Protection Act (TVPA) and, in 2006, contracted with the United States Conference of Catholic Bishops (USCCB...

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