Legal Opinion · Concurring in part, dissenting in part

Dkt Memorial Fund Ltd. v. Agency for International Development, Dkt Memorial Fund Ltd. v. Agency for International Development

Court of Appeals for the D.C. Circuit

Decided October 10, 1989No. 88-5243, 88-5266Published

1Concurring in part, dissenting in partRuth Bader Ginsburg, Circuit Judge

Based on the wide discretion Congress accorded the President to furnish assistance for voluntary population planning abroad “on such terms and conditions as he may determine,” 22 U.S.C. § 2151b(b) (1982), I concur in the court’s disposition of plaintiffs’ statutory claims. I dissent, however, from my colleagues’ rulings on the constitutional aspects of this case. In accord with the district court, I conclude that the Agency for International Development (AID) has unconstitutionally deployed its puissant purse to restrain the privately-funded speech and association of domestic nongovernmental…

2Cases cited38 opinions

  1. Perry v. SindermannSupreme Court of the United States · 1972
  2. Shapiro v. ThompsonSupreme Court of the United States · 1969
  3. Sherbert v. VernerSupreme Court of the United States · 1963
  4. Speiser v. RandallSupreme Court of the United States · 1958
  5. Texas v. JohnsonSupreme Court of the United States · 1989

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