Supreme Court of the United States · Official docket →
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.
Paid petition · United States Court of Appeals for the First Circuit, No. 21-1301 · judgment May 17, 2022
Before the decision, about 5.6× 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 circuit split argued in the petition, and down for a business respondent.
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 abrogation-eliminates 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?
Counsel of record
For petitioner
Martin J. Bienenstock
Proskauer Rose LLP
For respondent
Sarah Michelle Harris
Williams & Connolly LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
11 merits
(1 supporting pet./neither, 10 respondent)
Argument & decision
Argued January 11, 2023 — Mark D. Harris · Aimee W. Brown · Sarah M. Harris. Audio and transcript
Decided May 11, 2023. Opinion by Kagan.
Proceedings
- Jun 12 2023Judgment issued.
- May 11 2023Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion.
- Jan 11 2023Argued. 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.
- Jan 03 2023Reply of petitioner Financial Oversight and Management Board for Puerto Rico filed. (Distributed)
- Dec 27 2022Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)
- Dec 27 2022Brief amicus curiae of Speaker of the Puerto Rico House of Representatives filed. (Distributed)
- Dec 27 2022Brief amici curiae of Clemente Properties Inc., et al. filed. (Distributed)
- Dec 27 2022Brief amicus curiae of Espacios Abiertos filed. (Distributed)
- Dec 27 2022Brief amici curiae of Puerto Rican Legal Scholars filed. (Distributed)
- Dec 27 2022Brief amici curiae of Institute for Energy Economics and Financial Analysis, et al. filed. (Distributed)
- Dec 23 2022Motion 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.
- Dec 23 2022Brief amici curiae of Reporters Committee for Freedom of the Press and 20 Media Organizations filed. (Distributed)
- Dec 23 2022Brief amicus curiae of GFR Media, LLC (El Nuevo Día/Primera Hora) filed. (Distributed)
- Dec 22 2022Brief amicus curiae of Public Citizen filed. (Distributed)
- Dec 22 2022Brief amicus curiae of Asociación de Periodistas de Puerto Rico filed. (Distributed)
- Dec 19 2022Brief of respondent Centro de Periodismo Investigativo, Inc. filed. (Distributed)
- Dec 16 2022Application (22A540) granted by Justice Jackson extending the time to file the reply brief on the merits until January 3, 2023.
- Dec 14 2022Application (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.
- Dec 07 2022CIRCULATION
- Nov 29 2022Motion 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.
- Nov 23 2022Brief amicus curiae of United States supporting vacatur filed.
- Nov 21 2022Record received from the U.S.D.C. of Puerto Rico. The record is available on PACER.
- Nov 18 2022Record received from the U.S.C.A. 1st Circuit. The record is available on PACER.
- Nov 17 2022Brief of petitioner Financial Oversight and Management Board for Puerto Rico filed.
- Nov 17 2022Joint appendix filed (statement of costs filed).
- Nov 16 2022Record requested from the U.S.C.A. 1st Circuit.
- Nov 10 2022SET FOR ARGUMENT on Wednesday, January 11, 2023.
- Nov 08 2022Blanket Consent filed by Petitioner, Financial Oversight and Management Board for Puerto Rico
- Nov 08 2022Blanket Consent filed by Respondent, Centro de Periodismo Investigativo, Inc.
- Oct 03 2022Petition GRANTED.
- Sep 07 2022DISTRIBUTED for Conference of 9/28/2022.
- Sep 07 2022Reply of petitioner Financial Oversight and Management Board for Puerto Rico filed. (Distributed)
- Aug 23 2022Brief of respondent Centro de Periodismo Investigativo, Inc. in opposition filed.
- Jul 20 2022Petition for a writ of certiorari filed. (Response due August 31, 2022)