Question Presented (AI Summary)
Does 48 U.S.C. § 2126(a)'s general grant of jurisdiction to the federal courts over claims against the Board and claims otherwise arising under PROMESA abrogate the Board's sovereign immunity with respect to all federal and territorial claims?
Question Presented (OCR Extract)
QUESTION PRESENTED It is a bedrock principle of federalism that a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text. Dellmuth v. Muth, 491 U.S. 223, 228 (1989). This Court and each of the other Circuits have held that a statute granting the federal courts jurisdiction over a category of claims without expressly addressing sovereign immunity does not abrogate. See, e.g., Blatchford v. Native Vill. of Noatak, 501 U.S. 775, 786 & n.4 (1991). The First Circuit nevertheless held, over a vigorous dissent, that 48 U.S.C. § 2126(a) of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)—which grants federal jurisdiction over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising out of PROMESA, but says nothing about the Board’s immunity in _ its _ totality. While acknowledging that the statutory language “may not be as precise” as other instances of abrogation, the court held that certain provisions “impl[y]” that result. It did so even though jurisdiction was necessary for those claims not subject to immunity. The Question Presented is: Does 48 U.S.C. § 2126(a)’s general grant of jurisdiction to the federal courts over claims against the Board and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims?
2023-05-11
Judgment REVERSED and case REMANDED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-96_6j7a.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion.
2023-01-11
Argued. For petitioner: Mark D. Harris, New York, N. Y. For United States, as amicus curiae, supporting vacatur: Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Sarah M. Harris, Washington, D. C.
2023-01-03
Reply of petitioner Financial Oversight and Management Board for Puerto Rico filed. (Distributed)
2022-12-27
Brief amici curiae of Clemente Properties Inc., et al. filed. (Distributed)
2022-12-27
Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)
2022-12-27
Brief amicus curiae of Speaker of the Puerto Rico House of Representatives filed. (Distributed)
2022-12-27
Brief amicus curiae of Espacios Abiertos filed. (Distributed)
2022-12-27
Brief amici curiae of Puerto Rican Legal Scholars filed. (Distributed)
2022-12-27
Brief amici curiae of Institute for Energy Economics and Financial Analysis, et al. filed. (Distributed)
2022-12-23
Brief amicus curiae of GFR Media, LLC (El Nuevo Día/Primera Hora) filed. (Distributed)
2022-12-23
Brief amici curiae of Reporters Committee for Freedom of the Press and 20 Media Organizations filed. (Distributed)
2022-12-23
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2022-12-22
Brief amicus curiae of Asociación de Periodistas de Puerto Rico filed. (Distributed)
2022-12-22
Brief amicus curiae of Public Citizen filed. (Distributed)
2022-12-19
Brief of respondent Centro de Periodismo Investigativo, Inc. filed. (Distributed)
2022-12-16
Application (22A540) granted by Justice Jackson extending the time to file the reply brief on the merits until January 3, 2023.
2022-12-14
Application (22A540) to extend the time to file a reply brief on the merits from December 30, 2022 to January 3, 2023, submitted to Justice Jackson.
2022-11-29
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2022-11-23
Brief amicus curiae of United States supporting vacatur filed.
2022-11-21
Record received from the U.S.D.C. of Puerto Rico. The record is available on PACER.
2022-11-18
Record received from the U.S.C.A. 1st Circuit. The record is available on PACER.
2022-11-17
Brief of petitioner Financial Oversight and Management Board for Puerto Rico filed.
2022-11-17
Joint appendix filed (statement of costs filed).
2022-11-16
Record requested from the U.S.C.A. 1st Circuit.
2022-11-10
SET FOR ARGUMENT on Wednesday, January 11, 2023.
2022-11-08
Blanket Consent filed by Respondent, Centro de Periodismo Investigativo, Inc.
2022-11-08
Blanket Consent filed by Petitioner, Financial Oversight and Management Board for Puerto Rico
2022-09-07
Reply of petitioner Financial Oversight and Management Board for Puerto Rico filed. (Distributed)
2022-09-07
DISTRIBUTED for Conference of 9/28/2022.
2022-08-23
Brief of respondent Centro de Periodismo Investigativo, Inc. in opposition filed.
2022-07-20
Petition for a writ of certiorari filed. (Response due August 31, 2022)
Institute for Energy Economics and Financial Analysis, CAMBIO PR, Citizens' Commission for a Comprehensive Audit of the Public Credit, Sembrando Sentido, Inc., Liga de Ciudades de Puerto Rico, Inc.