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ALLIANCE FOR OPEN SOCIETY v. U.S. AGENCY INT'L

Nos. 15-974 (L), 17-2126 (Con) August Term 2017.

911 F.3d 104 (2018)

ALLIANCE FOR OPEN SOCIETY INTERNATIONAL, INC., Open Society Institute, Pathfinder International Inc., Global Health Council, and Interaction, Plaintiffs-Appellees, v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, Mark Green, in His Official Capacity as Administrator of the United States Agency for International Development, Robert R. Redfield, in His Official Capacity as Director of the United States Centers for Disease Control and Prevention, and His Successors, Alex M. Azar II, in His Official Capacity as Secretary of the United States Department of Health and Human Services, and His Successors, United States Centers for Disease Control and Prevention, and United States Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 20, 2018.

Attorney(s) appearing for the Case

Benjamin H. Torrance , David S. Jones , for Geoffrey S. Berman , U.S. Attorney's Office, S.D.N.Y., New York, N.Y., for appellants United States Agency for International Development, Mark Green (Administrator of USAID, in his official capacity), United States Centers for Disease Control and Prevention, Robert R. Redfield (Director, U.S.C.D.C., in his official capacity), United States Department of Health and Human Services, Alex M. Azar II, (Acting Secretary, U.S.H.H.S., in his official capacity).

David W. Bowker , Catherine M.A. Carroll , Ari J. Savitsky , David A. Stoopler , Kevin M. Lamb , Jason D. Hirsch , Jonathan E. Barbee , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. and New York, N.Y., for appellees Alliance for Open Society International, Inc., Open Society Institute, Pathfinder International, Global Health Council, InterAction.

Judge Straub dissents in a separate opinion.

In Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205, 133 S.Ct. 2321, 186 L.Ed.2d 398 (2013) ("AOSI"), the Supreme Court held that a provision of the United States Leadership...

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