No. 21-718

Hermandad de Empleados del Fondo del Seguro del Estado, et al. v. United States, et al.

Lower Court: First Circuit
Docketed: 2021-11-16
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights decolonization disenfranchisement due-process insular-cases self-governance territories-clause voting-rights
Key Terms:
DueProcess FifthAmendment FirstAmendment FourthAmendment JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (from Petition)

Whether Petitioners, as residents and registered voters in Puerto Rico, have suffered an Article III injury in fact when Congress enacted PROMESA and disenfranchised them and the People of Puerto Rico in violation of the 1st, Amendment of the U.S. Constitution.

2. Whether the impairment of Petitioners' collective bargaining agreements is redressable by declaring PROMESA unconstitutional for violating the due process of law clauses of the 5th and 14th Amendments.

3. Whether Petitioners have standing to allege that PROMESA is unconstitutional under the 13th Amendment for being enacted pursuant to the Territories Clause as interpreted in the Insular Cases, which established a distinction between incorporated and unincorporated territories based on race.

4. Whether Petitioners have standing to allege that PROMESA is unconstitutional under the 15th Amendment for depriving them and the People of Puerto Rico of their voting rights based on race as interpreted in the Insular Cases.

5. Since Petitioners' disenfranchisement is a consequence of Puerto Rico's status as a colony, whether Petitioners have standing to request the court to declare that Puerto Rico is subject to be decolonized under international law.

Question Presented (AI Summary)

Whether Petitioners have standing to challenge the constitutionality of PROMESA

Docket Entries

2022-02-22
Petition DENIED.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2022-01-18
Brief of respondents Financial Oversight and Management Board for Puerto Rico, for itself and as representative of the Commonwealth of Puerto Rico in opposition filed.
2021-12-15
Waiver of right of respondent United States, et al. to respond filed.
2021-12-01
Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2022, for all respondents.
2021-11-30
Motion to extend the time to file a response from December 16, 2021 to January 18, 2022, submitted to The Clerk.
2021-11-10
Petition for a writ of certiorari filed. (Response due December 16, 2021)

Attorneys

Financial Oversight and Management Board for Puerto Rico, for itself and as representative of the Commonwealth of Puerto Rico
Martin J. BienenstockProskauer Rose LLP, Respondent
Government of the United States of America,, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Hermandad de Empleados del Fondo del Seguro del Estado,, et al.
Jessica Esther MendezBufete Emmanuelli, C.S.P., Petitioner