Question Presented (OCR Extract)
QUESTION PRESENTED A panel of the United States Court of Appeals for the First Circuit unanimously held that all seven voting members of the Financial Oversight and Management Board for Puerto Rico, a federal entity that manages Puerto Rico’s financial affairs and prosecutes its historic bankruptcy, have occupied their offices in violation of the Appointments Clause of the United States Constitution since 2016. Nevertheless, the First Circuit applied the so-called “de facto officer doctrine” to uphold all of the Board’s actions prior to the First Circuit’s decision, as well as the Board’s actions for 150 days after the First Circuit’s judgment. The question presented is: Does the de facto officer doctrine allow courts to deny meaningful relief to successful separation-ofpowers challengers who are suffering ongoing injury at the hands of unconstitutionally appointed principal officers?
2019-08-29
Record material electronicall received from the U.S.D.C. District of Puerto Rico. All other non confidential filings are located on PACER.
2019-08-26
The record from the U.S.C.A. 1st Circuit is located on PACER, with the exception of the appendix located electronically.
2019-08-16
Record requested from the U.S.C.A. 1st Circuit.
2019-06-20
Petition GRANTED. The petitions for writs of certiorari in Nos. 18-1334, 18-1475, 18-1496, 18-1514 and 18-1521 are granted. The cases are consolidated, and will be set for argument in the second week of the October 2019 argument session. Parties challenging the First Circuit’s ruling on the Appointments Clause issue shall file an opening brief on that issue on or before Thursday, July 25, 2019. The briefs are to bear a light blue cover and are limited to 15,000 words. Parties supporting the First Circuit’s ruling on the Appointments Clause issue and challenging the ruling on the de facto officer doctrine issue shall file a consolidated opening brief on or before Thursday, August 22, 2019. The briefs are to bear a light red cover and are limited to 20,000 words. Parties challenging the First Circuit’s ruling on the Appointments Clause issue and supporting the ruling on the de facto officer doctrine issue shall file a consolidated opening brief and reply on or before Thursday, September 19, 2019. The briefs are to bear a yellow cover and are limited to 13,000 words. Parties challenging the First Circuit’s ruling on the de facto officer doctrine issue shall file with the Clerk and serve upon counsel a reply brief limited to that issue on or before 2 p.m., Tuesday, October 8, 2019. The briefs are to bear a tan cover and are limited to 6,000 words. Amicus curiae briefs challenging the First Circuit’s ruling on the Appointments Clause issue and/or supporting the ruling on the de facto officer doctrine issue are to be filed on or before Thursday, August 1, 2019. The briefs are to bear a light green cover and are limited to 9,000 words. Amicus curiae briefs supporting the First Circuit’s ruling on the Appointments Clause issue and/or challenging the ruling on the de facto officer doctrine issue are to be filed on or before Thursday, August 29, 2019. The briefs are to bear a dark green cover and are limited to 9,000 words. An amicus curiae shall file only a single brief.
2019-06-17
DISTRIBUTED for Conference of 6/20/2019.
2019-06-12
Letter of June 12, 2019 from counsel for petitioners filed.
2019-06-11
Waiver of right of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) to respond filed.
2019-06-10
Letter of June 10, 2019 from the Solicitor General filed.
2019-06-10
Waiver of right of respondents Official Committee of Unsecured Creditors of All Title III Debtors (Other than COFINA) to respond filed.
2019-05-24
Petition for a writ of certiorari filed. (Response due June 27, 2019)