Questions presented
SCOTUS records, cert granted 20 Jun 2019
Whether the Appointments Clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico.
Opinion summary
Etalia.ai summary of the majority opinion
The Supreme Court addressed the constitutionality of the appointment process for members of Puerto Rico's Financial Oversight and Management Board. The case arose after Aurelius Investment, LLC challenged the board’s authority, arguing that its members were appointed in violation of the Appointments Clause because they had not been confirmed by the Senate. The Court held that while these appointments did not comply with constitutional requirements applicable to federal officers, Congress could create such a structure under its plenary powers over territories. Therefore, it ruled that since board members primarily exercised local rather than federal power within Puerto Rico, their selection was permissible without Senate confirmation.
Opinion written by Justice Breyer
Decided 1 Jun 2020 · Official report