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Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 18-1671, 18-1746, 18-1787 · judgment February 15, 2019

Decided · June 1, 2020
Pre-decision estimate: 12% cert probability (95% interval 7%–20%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a petition filed soon after the judgment below, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Consolidated with 18-1475. Whether the Appointments Clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico.

Counsel of record

For petitioner
Walter Dellinger
O'Melveny & Myers LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
16 merits
(5 supporting pet./neither, 11 respondent)

Related
Vide, 18-1475, 18-1496, 18-1514, 18-1521

Argument & decision

Argued October 15, 2019 — Donald B. Verrilli · Jeffrey B. Wall · Theodore B. Olson · Jessica .... Audio and transcript

Decided June 1, 2020. Opinion by Breyer.

Proceedings

  1. Jul 06 2020
    JUDGMENT ISSUED.
  2. Jun 01 2020
    Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., and Sotomayor, J., filed opinions concurring in the judgment. VIDED.
  3. Oct 15 2019
    Argued. For Financial Oversight and Management Board for Puerto Rico: Donald B. Verrilli, Jr., Washington, D. C. For United States: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For Aurelius Investment, LLC, et al.: Theodore B. Olson, Washington, D. C. For UTIER: Jessica E. Méndez-Colberg, Ponce, P. R. VIDED.
  4. Oct 08 2019
    Reply of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. filed. VIDED. (Distributed)
  5. Oct 04 2019
    Reply of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. VIDED (Distributed)
  6. Sep 19 2019
    Brief of Finanical Oversight and Management Board for Puerto Rico filed. VIDED. (Distributed)
  7. Sep 19 2019
    Brief of COFINA Senior Bondholders’ Coalition filed (supporting ruling on de facto officer doctrine issue). VIDED. (Distributed)
  8. Sep 19 2019
    Brief of The Official Committee of Retired Employees of the Commonwealth of Puerto Rico filed. VIDED. (Distributed)
  9. Sep 19 2019
    Reply of petitioner Puerto Rico Fiscal Agency and Financial Advisory Authority filed. VIDED. (Distributed)
  10. Sep 19 2019
    Reply of respondent United States filed. VIDED. (Distributed)
  11. Sep 19 2019
    Reply of respondent Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA) filed. VIDED. (Distributed)
  12. Sep 11 2019
    Motion of the Solicitor General for enlargement of time for oral argument and for divided argument GRANTED IN PART. VIDED.
  13. Sep 11 2019
    Joint motion of Aurelius Investment, LLC, et al., and Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER) for enlargement of time for oral argument and for divided argument GRANTED IN PART. VIDED.
  14. Sep 11 2019
    Motion for divided argument filed by Puerto Rico Fiscal Agency and Financial Advisory Authority DENIED. VIDED.
  15. Sep 11 2019
    Upon consideration of the August 29, 2019 motions for divided argument, a total of 80 minutes is allotted for consolidated oral argument on both questions presented, and the time is divided as follows: 20 minutes to the Financial Oversight and Management Board, 20 minutes to the Solicitor General, 30 minutes to Aurelius Investment, LLC, et al., and 10 minutes to UTIER. VIDED.
  16. Aug 29 2019
    Motion of the Solicitor General for enlargement of time for oral argument and for divided argument filed. VIDED.
  17. Aug 29 2019
    Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed)
  18. Aug 29 2019
    Joint motion of Aurelius Investment, LLC, et al., and Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER) for enlargement of time for oral argument and for divided argument filed. VIDED.
  19. Aug 29 2019
    Brief amicus curiae of Autonomous Municipality of San Juan filed. VIDED. (Distributed)
  20. Aug 29 2019
    Brief amicus curiae of Equally American Legal Defense and Education Fund in support of neither party filed. VIDED. (Distributed)
  21. Aug 29 2019
    Brief amici curiae of Former Governors Sila M. Calderon and Alejandro Garcia Padilla filed (also in 18-1496 & 18-1514). VIDED. (Distributed)
  22. Aug 29 2019
    Brief amicus curiae of Cato Institute filed. VIDED. (Distributed)
  23. Aug 29 2019
    Brief amici curiae of American Civil Liberties Union Foundation and the ACLU of Puerto Rico filed. VIDED. (Distributed)
  24. Aug 29 2019
    Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. (Distributed)
  25. Aug 29 2019
    Brief amicus curiae of Virgin Islands Bar Association filed. VIDED. (Distributed)
  26. Aug 29 2019
    U.S.D.C. District of Puerto Rico record is located on pacer. Confidential filings received in electronic format.
  27. Aug 29 2019
    Brief amici curiae of Scholars of Constitutional Law and Legal History filed. VIDED. (Distributed)
  28. Aug 29 2019
    Brief amici curiae of Former Federal and Local Judges filed. VIDED. (Distributed)
  29. Aug 29 2019
    Letter Request for The Puerto Rico Fiscal Agency and Financial Advisory Authority to be heard at oral argument on behalf of appellants on Appointments Clause issue of Puerto Rico Fiscal Agency and Financial Advisory Authority not accepted for filing. (September 06, 2019)
  30. Aug 29 2019
    Motion for divided argument filed by Puerto Rico Fiscal Agency and Financial Advisory Authority. VIDED.
  31. Aug 28 2019
    Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)
  32. Aug 28 2019
    Brief amici curiae of Elected Officers of the Commonwealth of Puerto Rico filed. VIDED. (Distributed)
  33. Aug 26 2019
    The record from the U.S.C.A. 1st Circuit is located on PACER, with the exception of the appendix which was received electronically.
  34. Aug 22 2019
    Brief of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. VIDED. (Distributed)
  35. Aug 22 2019
    Brief of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. filed. VIDED. (Distributed)
  36. Aug 21 2019
    Brief amicus curiae of Former Governor of Puerto Rico, Anibal Acevedo-Vila filed. VIDED. (Distributed)
  37. Aug 19 2019
    Brief amicus curiae of Anthony Michael Sabino filed (in 18-1334). (Distributed)
  38. Aug 16 2019
    Record requested from the U.S.C.A. 1st Circuit.
  39. Aug 01 2019
    CIRCULATED
  40. Aug 01 2019
    Brief amicus curiae of DRA Entities filed. VIDED. (Distributed)
  41. Jul 30 2019
    Brief amicus curiae of Alan Mygatt-Tauber filed. VIDED. (Distributed)
  42. Jul 26 2019
    Blanket Consent filed by Puerto Rico Fiscal Agency and Financial Advisory Authority
  43. Jul 25 2019
    Joint appendix filed. VIDED. (Statement of costs filed)
  44. Jul 25 2019
    Brief of Finanical Oversight and Management Board for Puerto Rico filed. VIDED
  45. Jul 25 2019
    Brief of The Official Committee of Retired Employees of the Commonwealth of Puerto Rico filed. VIDED.
  46. Jul 25 2019
    Brief of Puerto Rico Fiscal Agency and Financial Advisory Authority filed. VIDED.
  47. Jul 25 2019
    Brief of United States filed. VIDED.
  48. Jul 25 2019
    Brief of Official Committee of Unsecured Creditors of all Title III Debtors (other than COFINA) filed. VIDED.
  49. Jul 23 2019
    Blanket Consent filed by Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA).
  50. Jul 19 2019
    Blanket Consent filed by The Official Committee of Retired Employees of the Commonwealth of Puerto Rico.
  51. Jul 19 2019
    Blanket Consent filed by Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp.
  52. Jul 18 2019
    Blanket Consent filed by United States.
  53. Jul 18 2019
    Blanket Consent filed by Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”).
  54. Jul 17 2019
    Blanket Consent filed by COFINA Senior Bondholders’ Coalition.
  55. Jul 17 2019
    Blanket Consent filed by Finanical Oversight and Management Board for Puerto Rico.
  56. Jul 17 2019
    Letter of COFINA Senior Bondholders’ Coalition filed.
  57. Jul 01 2019
    SET FOR ARGUMENT on Tuesday, October 15, 2019. VIDED
  58. Jun 20 2019
    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.
  59. Jun 20 2019
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1334. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1334. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  60. Jun 17 2019
    DISTRIBUTED for Conference of 6/20/2019.
  61. Jun 11 2019
    Letter of June 11, 2019 from respondents Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed.
  62. Jun 10 2019
    Letter of June 10, 2019 from counsel for the Financial Oversight and Management Board for Puerto Rico filed.
  63. May 30 2019
    Corporate Disclosure Statement filed with respect to brief in opposition of respondents Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER).
  64. May 24 2019
    Letter of Solicitor General received.
  65. May 24 2019
    Response to petition from respondents Aurelius Investment, LLC, et al. filed.
  66. May 24 2019
    Brief of respondents Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) in opposition filed.
  67. Apr 23 2019
    Petition for a writ of certiorari filed. (Response due May 24, 2019)