Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC
Consolidated with Aurelius Investment, LLC v. Puerto Rico (18-1475), Official Committee of Debtors v. Aurelius Investment, LLC (18-1496), United States v. Aurelius Investment, LLC (18-1514), UTIER v. Financial Oversight and Management Board for Puerto Rico (18-1521)
Holding
The Constitution's appointments clause does not restrict the appointment or selection of members of Puerto Rico's Financial Oversight and Management Board, who are appointed by the president without the Senate's advice and consent.
Judgment
Reversed and remanded, 9-0, in an opinion by Stephen G. Breyer on Jun 1, 2020. Justices Thomas and Sotomayor filed opinions concurring in the judgment.
Apr 23, 2019Petition for a writ of certiorari filed. (Response due May 24, 2019)May 24, 2019Letter of Solicitor General received.May 24, 2019Response to petition from respondents Aurelius Investment, LLC, et al. filed.May 24, 2019Brief of respondents Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) in opposition filed.May 30, 2019Corporate Disclosure Statement filed with respect to brief in opposition of respondents Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER).Jun 10, 2019Letter of June 10, 2019 from counsel for the Financial Oversight and Management Board for Puerto Rico filed.Jun 11, 2019Letter of June 11, 2019 from respondents Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed.
Jun 17, 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 20, 2019Petition 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.
Jun 20, 2019Because 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.”
Jul 1, 2019SET FOR ARGUMENT on Tuesday, October 15, 2019. VIDED
Jul 17, 2019Blanket Consent filed by COFINA Senior Bondholders’ Coalition.Jul 17, 2019Blanket Consent filed by Finanical Oversight and Management Board for Puerto Rico.Jul 17, 2019Letter of COFINA Senior Bondholders’ Coalition filed.Jul 18, 2019Blanket Consent filed by United States.Jul 18, 2019Blanket Consent filed by Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”).Jul 19, 2019Blanket Consent filed by The Official Committee of Retired Employees of the Commonwealth of Puerto Rico.Jul 19, 2019Blanket Consent filed by Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp.Jul 23, 2019Blanket Consent filed by Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA).Jul 25, 2019Joint appendix filed. VIDED. (Statement of costs filed)Jul 25, 2019Brief of Finanical Oversight and Management Board for Puerto Rico filed. VIDEDJul 25, 2019Brief of The Official Committee of Retired Employees of the Commonwealth of Puerto Rico filed. VIDED.Jul 25, 2019Brief of Puerto Rico Fiscal Agency and Financial Advisory Authority filed. VIDED.Jul 25, 2019Brief of United States filed. VIDED.Jul 25, 2019Brief of Official Committee of Unsecured Creditors of all Title III Debtors (other than COFINA) filed. VIDED.Jul 26, 2019Blanket Consent filed by Puerto Rico Fiscal Agency and Financial Advisory AuthorityJul 30, 2019Brief amicus curiae of Alan Mygatt-Tauber filed. VIDED. (Distributed)Aug 1, 2019CIRCULATED
Aug 1, 2019Brief amicus curiae of DRA Entities filed. VIDED. (Distributed)Aug 16, 2019Record requested from the U.S.C.A. 1st Circuit.
Aug 19, 2019Brief amicus curiae of Anthony Michael Sabino filed (in 18-1334). (Distributed)Aug 21, 2019Brief amicus curiae of Former Governor of Puerto Rico, Anibal Acevedo-Vila filed. VIDED. (Distributed)Aug 22, 2019Brief of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. VIDED. (Distributed)Aug 22, 2019Brief of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. filed. VIDED. (Distributed)Aug 26, 2019The record from the U.S.C.A. 1st Circuit is located on PACER, with the exception of the appendix which was received electronically.
Aug 28, 2019Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)Aug 28, 2019Brief amici curiae of Elected Officers of the Commonwealth of Puerto Rico filed. VIDED. (Distributed)Aug 29, 2019Motion of the Solicitor General for enlargement of time for oral argument and for divided argument filed. VIDED.Aug 29, 2019Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed)Aug 29, 2019Joint 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.Aug 29, 2019Brief amicus curiae of Autonomous Municipality of San Juan filed. VIDED. (Distributed)Aug 29, 2019Brief amicus curiae of Equally American Legal Defense and Education Fund in support of neither party filed. VIDED. (Distributed)Aug 29, 2019Brief amici curiae of Former Governors Sila M. Calderon and Alejandro Garcia Padilla filed (also in 18-1496 & 18-1514). VIDED. (Distributed)Aug 29, 2019Brief amicus curiae of Cato Institute filed. VIDED. (Distributed)Aug 29, 2019Brief amici curiae of American Civil Liberties Union Foundation and the ACLU of Puerto Rico filed. VIDED. (Distributed)Aug 29, 2019Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. (Distributed)Aug 29, 2019Brief amicus curiae of Virgin Islands Bar Association filed. VIDED. (Distributed)Aug 29, 2019U.S.D.C. District of Puerto Rico record is located on pacer. Confidential filings received in electronic format.
Aug 29, 2019Brief amici curiae of Scholars of Constitutional Law and Legal History filed. VIDED. (Distributed)Aug 29, 2019Brief amici curiae of Former Federal and Local Judges filed. VIDED. (Distributed)Aug 29, 2019Letter 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)
Aug 29, 2019Motion for divided argument filed by Puerto Rico Fiscal Agency and Financial Advisory Authority. VIDED.Sep 11, 2019Motion of the Solicitor General for enlargement of time for oral argument and for divided argument GRANTED IN PART. VIDED.
Sep 11, 2019Joint 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.
Sep 11, 2019Motion for divided argument filed by Puerto Rico Fiscal Agency and Financial Advisory Authority DENIED. VIDED.
Sep 11, 2019Upon 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.
Sep 19, 2019Brief of Finanical Oversight and Management Board for Puerto Rico filed. VIDED. (Distributed)Sep 19, 2019Brief of COFINA Senior Bondholders’ Coalition filed (supporting ruling on de facto officer doctrine issue). VIDED. (Distributed)Sep 19, 2019Brief of The Official Committee of Retired Employees of the Commonwealth of Puerto Rico filed. VIDED. (Distributed)Sep 19, 2019Reply of petitioner Puerto Rico Fiscal Agency and Financial Advisory Authority filed. VIDED. (Distributed)Sep 19, 2019Reply of respondent United States filed. VIDED. (Distributed)Sep 19, 2019Reply of respondent Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA) filed. VIDED. (Distributed)Oct 4, 2019Reply of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. VIDED (Distributed)Oct 8, 2019Reply of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. filed. VIDED. (Distributed)Oct 15, 2019Argued. 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.
Jun 1, 2020Judgment 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.
Jul 6, 2020JUDGMENT ISSUED.
Recommended Citation: Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, SCOTUSblog, https://www.scotusblog.com/cases/financial-oversight-and-management-board-for-puerto-rico-v-aurelius-investment-llc/