Question Presented (AI Summary)
Whether the de facto officer doctrine allows for unconstitutionally appointed principal Officers of the United States to continue acting, leaving the party that challenges their appointment with an ongoing injury and without an appropriate relief
Question Presented (OCR Extract)
QUESTION PRESENTED After correctly determining that the members of the Financial Oversight and Management Board for Puerto Rico are principal Officers of the United States for purposes of the Appointments Clause of the United States Constitution, the court of appeals validated the Board’s past, present and future actions by applying the de facto officer doctrine. Thus, subjecting the Petitioner, Unién de Trabajadores de la Industria Eléctrica y Riego, Inc., and the People of Puerto Rico, to the actions of unconstitutionally appointed Officers of the United States that are exercising unfettered authority that is causing an ongoing injury to the Petitioner without appropriate relief. Thus, the question presented is whether the de facto officer doctrine allows for unconstitutionally appointed principal Officers of the United States to continue acting, leaving the party that challenges their appointment with an ongoing injury and without an appropriate relief.
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.
2019-06-20
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
Waiver of right of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. to respond filed.
2019-06-11
Certificate of Service filed.
2019-06-05
Petition for a writ of certiorari filed. (Response due July 8, 2019)
Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp.