No. 18-1514

United States v. Aurelius Investment, LLC, et al.

Lower Court: First Circuit
Docketed: 2019-06-06
Status: Judgment Issued
Type: Paid
Amici (1) Experienced Counsel
Tags: appointments appointments-clause constitutional-law officers-of-the-united-states promesa public-officers puerto-rico separation-of-powers territorial-government territorial-officers
Key Terms:
Securities Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-06-20
Related Cases: 18-1334 (Vide) 18-1475 (Vide) 18-1496 (Vide) 18-1521 (Vide)
Question Presented (AI Summary)

Whether the members of the Financial Oversight and Management Board for Puerto Rico are 'Officers of the United States' within the meaning of the Appointments Clause of the U.S. Constitution

Question Presented (OCR Extract)

QUESTION PRESENTED In 2016, Congress enacted the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), 48 U.S.C. 2101 et seg. (Supp. V 2017), to address the economic emergency facing the Commonwealth of Puerto Rico. The Act established a Financial Oversight and Management Board as an entity “within the territorial government” of Puerto Rico. 48 U.S.C. 2121(¢)(1) (Supp. V 2017). The question presented is whether members of the Board are “Officers of the United States” within the meaning of the Appointments Clause of the U.S. Constitution, Art. IT, § 2, Cl. 2. (I)

Docket Entries

2020-07-06
JUDGMENT ISSUED.
2019-08-29
Record received from the U.S.D.C. District of Puerto Rico is electronic. 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.
2019-08-01
CIRCULATED
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 respondents Aurelius Investment, LLC, et al. filed.
2019-06-05
Petition for a writ of certiorari filed. (Response due July 8, 2019)

Attorneys

AMERICAN CIVIL LIBERTIES UNION AND THE ACLU OF PUERTO RICO
Adriel I. Cepeda DerieuxAmerican Civil Liberties Union, Amicus
Adriel I. Cepeda DerieuxAmerican Civil Liberties Union, Amicus
Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp.
Theodore B. OlsonGibson Dunn & Crutcher LLP, Respondent
Theodore B. OlsonGibson Dunn & Crutcher LLP, Respondent
Finanical Oversight and Management Board for Puerto Rico
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Sila M. Calderon, Alejandro Garcia Padilla
Jose A. Hernandez-MayoralHernandez Mayoral Law Offices, Amicus
Jose A. Hernandez-MayoralHernandez Mayoral Law Offices, Amicus
United States
Noel J. FranciscoSolicitor General, Petitioner
Noel J. FranciscoSolicitor General, Petitioner