NAT. COUNCIL FOR ADOPTION v. BLINKEN

No. 20-5158.

4 F.4th 106 (2021)

NATIONAL COUNCIL FOR ADOPTION, Appellant, v. Antony J. BLINKEN, in His Official Capacity as U.S. Secretary of State, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 2021.


Attorney(s) appearing for the Case

Daniel J. Hay , argued the cause for appellant. With him on the briefs were Kwaku A. Akowuah and C. Frederick Beckner III .

William R. Peterson and Catherine L. Eschbach , were on the brief for amicus curiae Center for Adoption Policy in support of appellant.

Kannon K. Shanmugam , Aimee W. Brown , and William T. Marks , were on the brief for amicus curiae the Academy of Adoption & Assisted Reproduction Attorneys, Inc. in support of appellant.

Benjamin J. Beaton and David Norris , were on the brief for amicus curiae Richard Klarberg in support of appellant.

Caroline D. Lopez , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Brian M. Boynton , Acting Assistant Attorney General, and Sharon Swingle , Attorney.

Before: Pillard and Walker, Circuit Judges, and Randolph, Senior Circuit Judge.


Members of the National Council For Adoption help prospective parents adopt children. In 2018, the Department of State issued guidance barring adoption agencies from referring certain children to certain parents.

When the Council challenged that guidance, the district court dismissed its suit for lack of subject matter...

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