DKT Memorial Fund, Ltd. v. Agency for Intern. Development, No. 86-5250
| Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
| Writing for the Court | Before MIKVA and SILBERMAN, Circuit Judges, and McGOWAN; MIKVA |
| Citation | 810 F.2d 1236 |
| Parties | DKT MEMORIAL FUND, LTD., et al., Appellants, v. AGENCY FOR INTERNATIONAL DEVELOPMENT, et al. |
| Decision Date | 13 February 1987 |
| Docket Number | No. 86-5250 |
Page 1236
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT, et al.
District of Columbia Circuit.
Decided Feb. 13, 1987.
Page 1237
Appeal from the United States District Court for the District of Columbia (Civil Action No. 85-01668).
Richard A. Frank, with whom Michael E. Fine was on the brief, for appellants.
Neil H. Koslowe, Sp. Litigation Counsel, Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and Anthony J. Steinmeyer, Asst. Director, Dept. of Justice were on the brief, for appellees.
Before MIKVA and SILBERMAN, Circuit Judges, and McGOWAN, Senior Circuit Judge.
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
In this action one domestic and two foreign nongovernmental organizations ("NGOs") challenge the lawfulness of the Agency for International Development's ("AID") implementation of the Policy Statement of the United States of America at the United Nations International Conference on Population, Mexico, August 1984 (the "Policy"). The Policy commits the United States not to contribute funds to foreign NGOs that perform or actively promote abortion as a method of family planning abroad, even if they engage in these abortion-related activities with their own, non-AID funds. AID implemented the Policy by drafting new clauses for insertion in its grants and agreements. A foreign NGO must certify that it does not engage in the prohibited abortion-related activities or provide funds to other foreign NGOs that conduct such activities. Joint Appendix (J.A.) 120-21. A domestic NGO must agree that it "will not furnish assistance under this grant to any foreign [NGO] which performs or actively promotes abortion as a method of family planning in AID-recipient countries or which provides financial support to any other foreign [NGO] that conducts such activities." J.A. 70, 93-94. Appellants seek a declaratory judgment that AID's Policy is inconsistent with, and in excess of, the Foreign Assistance
Page 1238
Act of 1961, 22 U.S.C. Sec. 2151 et seq. (1982), and the Continuing Appropriations Act, 1985, Pub.L. 98-473, 98 Stat. 1888; is a violation of appellants' first and fifth amendment rights; and is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. Sec. 702 (1982). Appellants further seek an order enjoining AID's implementation of the Policy.On cross-motions to dismiss, converted to summary judgment motions, the district court granted summary judgment for AID, finding that the NGOs lacked standing because they could not show injury in fact or that a decision in their favor would redound to their benefit. In a footnote, the court also concluded that even if plaintiffs had standing they would not be able to pursue their case because it presents a political question. 630 F.Supp. 238 (D.C.1986).
As an initial point, we reject the district...
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International Labor Rights Educ. and Research Fund v. Bush, No. 90-5390
...have significant political overtones." Id. at 230, 106 S.Ct. at 2866. In DKT Memorial Fund Ltd. v. Agency for International Development, 810 F.2d 1236 (D.C.Cir.1987), similarly, the question was whether the Agency for International Development's implementation of a policy committing the Uni......
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Tembec, Inc. v. U.S., Slip Op. 06-109. Court No. 05-00028.
...(interpreting authority of FDA to regulate cigarettes under agency's organic statute); DKT Mem'l Fund, Ltd. v. Agency for Ina Dev., 810 F.2d 1236, 1238 (D.C.Cir.1987) ("[W]hereas attacks on foreign policymaking are nonjusticiable, claims alleging non-compliance with the law are justiciable,......
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Anderman v. Federal Republic of Austria, No. CV01-01769FMCAIJX.
...involves a determination of the scope of executive power. See, e.g., D.K.T. Memorial Fund, Ltd. v. Agency for International Development, 810 F.2d 1236, 1238 (D.C.Cir.1987) (finding no political question was presented where organizations brought suit challenging lawfulness of the implementat......
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Al-Aulaqi v. Obama, Civil Action No. 10-1469 (JDB)
...undertakes may have an effect on foreign affairs.' " Schneider, 412 F.3d at 198 (quoting DKT Memorial Fund Ltd. v. Agency for Int'l Dev., 810 F.2d 1236, 1238 (D.C.Cir.1987)). The political question doctrine, the Supreme Court has warned, was only designed to cover a "narrow" category of "ca......
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International Labor Rights Educ. and Research Fund v. Bush, No. 90-5390
...have significant political overtones." Id. at 230, 106 S.Ct. at 2866. In DKT Memorial Fund Ltd. v. Agency for International Development, 810 F.2d 1236 (D.C.Cir.1987), similarly, the question was whether the Agency for International Development's implementation of a policy committing the Uni......
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Tembec, Inc. v. U.S., Slip Op. 06-109. Court No. 05-00028.
...(interpreting authority of FDA to regulate cigarettes under agency's organic statute); DKT Mem'l Fund, Ltd. v. Agency for Ina Dev., 810 F.2d 1236, 1238 (D.C.Cir.1987) ("[W]hereas attacks on foreign policymaking are nonjusticiable, claims alleging non-compliance with the law are justiciable,......
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Anderman v. Federal Republic of Austria, No. CV01-01769FMCAIJX.
...involves a determination of the scope of executive power. See, e.g., D.K.T. Memorial Fund, Ltd. v. Agency for International Development, 810 F.2d 1236, 1238 (D.C.Cir.1987) (finding no political question was presented where organizations brought suit challenging lawfulness of the implementat......
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Al-Aulaqi v. Obama, Civil Action No. 10-1469 (JDB)
...undertakes may have an effect on foreign affairs.' " Schneider, 412 F.3d at 198 (quoting DKT Memorial Fund Ltd. v. Agency for Int'l Dev., 810 F.2d 1236, 1238 (D.C.Cir.1987)). The political question doctrine, the Supreme Court has warned, was only designed to cover a "narrow" category of "ca......