Legal Opinion

Aurelius Inv., LLC v. Puerto Rico

Court of Appeals for the First Circuit

Decided February 15, 2019No. 18-1671PPublishedCited by 23 opinions

1Opinion of the Court

TORRUELLA, Circuit Judge.

*842 The matter before us arises from the restructuring of Puerto Rico's public debt under the 2016 Puerto Rico Oversight, Management, and Economic Stability Act ("PROMESA"). This time, however, we are not tasked with delving into the intricacies of bankruptcy proceedings. Instead, we are required to square off with a single question of constitutional magnitude: whether members of the Financial Oversight and Management Board created by PROMESA ("Board Members") are "Officers of the United States" subject to the U.S. Constitution's Appointments Clause. Title III of PROMESA…

2Cases cited47 opinions

  1. Albright v. OliverSupreme Court of the United States · 1994
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
  4. Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
  5. Freytag v. CommissionerSupreme Court of the United States · 1991

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3Cited by23 opinions

  1. Assured Guaranty Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico (In Re Fin. Oversight & Mgmt. Bd. for Puerto Rico)Court of Appeals for the First Circuit · 2019
  2. Méndez-Núñez v. Fin. Oversight & Mgmt. Bd. for P.R. (In re Fin. Oversight & Mgmt. Bd. for P.R.)Court of Appeals for the First Circuit · 2019
  3. Financial Oversight and Management Bd. for Puerto Rico v. Aurelius Investment, LLCSupreme Court of the United States · 2020
  4. Aurelius Capital Master, Ltd. v. Commonwealth (In Re Fin. Oversight & Mgmt. Bd. for Puerto Rico)Court of Appeals for the First Circuit · 2019
  5. Migrant Health Center, Inc. v. Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 2019

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