Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc.
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc. and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc..
The Supreme Court reviewed whether the Financial Oversight and Management Board for Puerto Rico's sovereign immunity was abrogated by PROMESA. The Court found that PROMESA does not clearly abrogate the Board's immunity from legal claims. The decision reversed the First Circuit's ruling and remanded the case.
Holding
The single most important “bottom line” of what the Court decided in Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc..
The Court held that nothing in PROMESA categorically abrogates any sovereign immunity the Board enjoys from legal claims.
Constitutional Concepts
These are the Constitution-related themes that appear in Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc.. Click a concept to see other cases that involve the same idea.
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Why State Sovereign Immunity is relevant to Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc.
The case primarily deals with whether Congress abrogated the sovereign immunity of the Financial Oversight and Management Board for Puerto Rico under PROMESA.
Syllabus excerpt (verbatim)Held: Nothing in PROMESA—including its jurisdictional provision, Section 2126(a)—categorically abrogates any sovereign immunity the Board enjoys from legal claims.
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Why Judicial Review is relevant to Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc.
The Court examines the statutory language to determine whether Congress intended to allow judicial review of claims against the Board.
Syllabus excerpt (verbatim)CPI claims to identify the required clear statement in PROMESA's establishment of a judicial review scheme.
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Why Preemption is relevant to Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc.
The case involves the interpretation of federal statutory provisions that could preempt state-level claims against the Board.
Syllabus excerpt (verbatim)Nor do protections that PROMESA provides the Board from litigation fill the gap.
Key Quotes
Short excerpts from the syllabus in Financial Oversight and Management Bd. for P. R. v. Centro De Periodismo Investigativo, Inc. that support the summary and concepts above.
Congress must make its intent to abrogate sovereign immunity 'unmistakably clear in the language of the statute.'
PROMESA does not provide that the Board or Puerto Rico is subject to suit.
Nothing in PROMESA makes Congress's intent to abrogate the Board's sovereign immunity unmistakably clear.
