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Acosta-Febo v. Franklin California Tax-Free Trust

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
15-255 1st Cir. Mar 22, 2016 Jun 13, 2016 5-2 Thomas OT 2015

Holding: Section 903(1) of the Bankruptcy Code, which pre-empts state bankruptcy laws that enable insolvent municipalities to restructure their debts over the objections of creditors and instead requires municipalities to restructure such debts under Chapter 9 of the federal Bankruptcy Code, pre-empts the Puerto Rico Public Corporation Debt Enforcement and Recovery Act, which was enacted to enable the commonwealth’s public utilities to implement a recovery or restructuring plan for their debt.

Judgment: Affirmed, 5-2, in an opinion by Justice Thomas on June 13, 2016. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined. Justice Alito took no part in the consideration or decision.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 26 2015Petition for a writ of certiorari filed. (Response due September 30, 2015)
Sep 14 2015Order extending time to file response to petition to and including October 23, 2015, for all respondents.
Sep 30 2015Brief amicus curiae of Eduardo Bahatia, President of the Senate of the Commonwealth of Puerto Rico filed.
Oct 23 2015Brief of respondent BlueMountain Capital Management, LLC in opposition filed. VIDED.
Oct 23 2015Brief of respondents Franklin California Tax-Free Trust, et al. in opposition filed. VIDED.
Nov 9 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 9 2015Reply of petitioners Melba Acosta-Febo, et al. filed. (Distributed)
Nov 30 2015DISTRIBUTED for Conference of December 4, 2015.
Dec 4 2015Petition GRANTED. The petition for a writ of certiorari in No. 15-233 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Alito took no part in the consideration or decision of these petitions.
Jan 19 2016Joint appendix filed. (Two Volumes) VIDED. (Statement of costs filed)
Jan 19 2016Brief of petitioners Melba Acosta-Febo, et al. filed. VIDED.
Jan 25 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners.
Jan 25 2016Brief amici curiae of Colegio de Abogados y Abogadas de Puerto Rico, et al. filed. VIDED.
Jan 26 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent BlueMountain Capital Management, LLC ("BlueMountain"). VIDED
Jan 26 2016Brief amicus curiae of Puerto Rico Electric Power Authority filed. VIDED.
Jan 26 2016Brief amici curiae of Professors Clayton P. Gillette and David A. Skeel, Jr. filed. VIDED.
Jan 26 2016Brief amici curiae of LatinoJustice PRLDEF, et al. filed. VIDED.
Jan 26 2016Brief amici curiae of Puerto Rico Manufacturers Association filed. VIDED
Jan 29 2016SET FOR ARGUMENT ON Tuesday, March 22, 2016. VIDED
Feb 1 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Franklin California Tax-Free Trust, et al.
Feb 8 2016Record requested from U.S.C.A. 1st Circuit.
Feb 10 2016CIRCULATED.
Feb 10 2016Record received from U.S.D.C. District of Puerto Rico is electronic and located on PACER.
Feb 11 2016Record received from U.S.C.A. 1st Circuit is electronic and located on PACER, with the exception of Joint Appendix. (1 Box)
Feb 18 2016Brief of respondent BlueMountain Capital Management, LLC filed. VIDED. (Distributed)
Feb 18 2016Brief of respondents Franklin California Tax-Free Trust, et al. filed. VIDED. (Distributed)
Feb 25 2016Brief amicus curiae of Scotiabank de Puerto Rico, as Agent for Local Bank Lenders to PREPA filed. VIDED. (Distributed)
Feb 25 2016Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED. (Distributed)
Feb 25 2016Brief amicus curiae of The Association of Financial Guaranty Insurers filed. VIDED. (Distributed)
Mar 15 2016Reply of petitioners Melba Acosta-Febo, et al. filed. VIDED. (Distributed)
Mar 22 2016Argued. For petitioners: Christopher Landau, Washington, D. C. For respondents: Matthew D. McGill, Washington, D. C. VIDED
Jun 13 2016Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. Alito, J., took no part in the consideration or decision of these cases. VIDED
Jul 15 2016JUDGMENT ISSUED