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Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.

Docket No.22-96
Op. Below1st Cir.
ArgumentJan 11, 2023

Holding

Nothing in the Puerto Rico Oversight, Management, and Economic Stability Act, including its jurisdictional provision, 48 U.S.C. § 2126(a), categorically abrogates any sovereign immunity the Financial Oversight and Management Board for Puerto Rico enjoys from legal claims.

Judgment

Reversed and remanded, 8-1, in an opinion by Elena Kagan on May 11, 2023. Justice Thomas filed a dissenting opinion.

Proceedings & orders timeline

Jul 20, 2022
Petition for a writ of certiorari filed. (Response due August 31, 2022)
Aug 23, 2022
Brief of respondent Centro de Periodismo Investigativo, Inc. in opposition filed.
Sep 7, 2022
DISTRIBUTED for Conference of 9/28/2022.
Sep 7, 2022
Reply of petitioner Financial Oversight and Management Board for Puerto Rico filed. (Distributed)
Oct 3, 2022
Petition GRANTED.
Nov 8, 2022
Blanket Consent filed by Petitioner, Financial Oversight and Management Board for Puerto Rico
Nov 8, 2022
Blanket Consent filed by Respondent, Centro de Periodismo Investigativo, Inc.
Nov 10, 2022
SET FOR ARGUMENT on Wednesday, January 11, 2023.
Nov 16, 2022
Record requested from the U.S.C.A. 1st Circuit.
Nov 17, 2022
Brief of petitioner Financial Oversight and Management Board for Puerto Rico filed.
Nov 17, 2022
Joint appendix filed (statement of costs filed).
Nov 18, 2022
Record received from the U.S.C.A. 1st Circuit. The record is available on PACER.
Nov 21, 2022
Record received from the U.S.D.C. of Puerto Rico. The record is available on PACER.
Nov 23, 2022
Brief amicus curiae of United States supporting vacatur filed.
Nov 29, 2022
Motion 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.
Dec 7, 2022
CIRCULATION
Dec 14, 2022
Application (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 16, 2022
Application (22A540) granted by Justice Jackson extending the time to file the reply brief on the merits until January 3, 2023.
Dec 19, 2022
Brief of respondent Centro de Periodismo Investigativo, Inc. filed. (Distributed)
Dec 22, 2022
Brief amicus curiae of Public Citizen filed. (Distributed)
Dec 22, 2022
Brief amicus curiae of Asociación de Periodistas de Puerto Rico filed. (Distributed)
Dec 23, 2022
Motion 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, 2022
Brief amici curiae of Reporters Committee for Freedom of the Press and 20 Media Organizations filed. (Distributed)
Dec 23, 2022
Brief amicus curiae of GFR Media, LLC (El Nuevo Día/Primera Hora) filed. (Distributed)
Dec 27, 2022
Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)
Dec 27, 2022
Brief amicus curiae of Speaker of the Puerto Rico House of Representatives filed. (Distributed)
Dec 27, 2022
Brief amici curiae of Clemente Properties Inc., et al. filed. (Distributed)
Dec 27, 2022
Brief amicus curiae of Espacios Abiertos filed. (Distributed)
Dec 27, 2022
Brief amici curiae of Puerto Rican Legal Scholars filed. (Distributed)
Dec 27, 2022
Brief amici curiae of Institute for Energy Economics and Financial Analysis, et al. filed. (Distributed)
Jan 3, 2023
Reply of petitioner Financial Oversight and Management Board for Puerto Rico filed. (Distributed)
Jan 11, 2023
Argued. 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.
May 11, 2023
Judgment 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.
Jun 12, 2023
Judgment issued.

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