Hermandad de Empleados del Fondo del Seguro del Estado, et al. v. United States, et al.

Since 1952, Puerto Rico has had a form of selfgovernment and a constitution of its own that states that the political power emanates from the People. However, in 2016, pursuant to the Territories Clause of the U.S. Constitution, Congress enacted PROMESA and imposed the Financial Oversight and Management Board (“FOMB”) upon Puerto Rico to restructure the island’s outstanding debt. Despite that the FOMB was not elected by the People of Puerto Rico, PROMESA empowered it to sidestep and override the decisions of the elected government officials of the Commonwealth. Therefore, the Commonwealth’s self-government was torn apart by Congress, and the People of Puerto Rico were disenfranchised in violation of the 1st, 5th, 13th, 14th, and 15th Amendments of the U.S. Constitution. Even though Petitioners, two labor unions that represent their members, and a registered voter, are creditors of the Commonwealth under Title III of PROMESA, the District Court for the District of Puerto Rico and the U.S. Court of Appeals for the First Circuit determined that they do not have standing to challenge the constitutionality of the deprivation of their civil rights by PROMESA. Both courts determined that Petitioners’ injury is a generalized grievance. Thus, the questions presented for review are the following: 1. Whether Petitioners, as residents and registered voters in Puerto Rico, have suffered an