MUNICIPIO AUTONOMO DE PONCE v. OMB

No. 14-2287.

809 F.3d 28 (2015)

MUNICIPIO AUTÓNOMO DE PONCE; Centro Deambulantes Cristo Pobre, Inc.; Lucha Contra el Sida, Inc.; Iniciativa Communitaria, Inc.; Itcia Hernández-Laboy; Jorge Ortiz-Torres; José Alvarez-Medina; Hogar Crea Posada la Esperanza, Plaintiffs, Appellees, v. UNITED STATES OFFICE OF MANAGEMENT AND BUDGET; Brian Deese, Acting Director, United States Office of Management and Budget; United States Department of Health and Human Services; Sylvia Mathews Burnwell, Secretary, United States Department of Health and Human Services; United States Health Resources and Services Administration; Mary Wakefield, Administrator, Health Resources and Services Administration, Defendants, Appellants.

United States Court of Appeals, First Circuit.

December 22, 2015.


Attorney(s) appearing for the Case

Jeffrey A. Clair , Attorney, Civil Division, Department of Justice, with whom Michael S. Raab , Attorney, Civil Division, Department of Justice, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, Department of Justice, and Rosa Emilia Rodríguez-Vélez , United States Attorney, were on brief, for appellants.

Edgar Hernández Sánchez , with whom Cancio, Nadal, Rivera & Díaz, P.S.C., was on brief, for appellees.

Before KAYATTA, STAHL, and BARRON, Circuit Judges.


This lawsuit concerns the Ryan White Comprehensive AIDS Resources Emergency Act ("Ryan White Act" or the "Act"), Pub. L. No. 101-381, 104 Stat. 576 (1990) (codified at 42 U.S.C. § 300ff et seq.). Under "Part A" of the Act, the U.S. Department of Health and Human Services ("HHS") disburses funding to combat HIV/AIDS infection...

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