No. 22-142

Federacion de Maestros de Puerto Rico, Inc. v. Financial Oversight and Management Board for Puerto Rico, et al.

Lower Court: First Circuit
Docketed: 2022-08-15
Status: Denied
Type: Paid
Experienced Counsel
Tags: constitutional-analysis constitutional-preemption insular-cases oversight-board plan-of-adjustment preemption preemption-doctrine promesa puerto-rico puerto-rico-law statutory-preemption
Latest Conference: 2022-11-18
Question Presented (from Petition)

1. Whether the preemption doctrine allows for the displacement and amendment of Puerto Rico laws by the Oversight Board through a Plan of Adjustment confirmed pursuant to PROMESA, in absence of a correct constitutional analysis of the doctrine finding express, conflict or field preemption to justify such a result.

2. Whether the application of a new and different constitutional preemption doctrine with respect to Puerto Rico is an improper extension of the infamous Insular Cases.

3. Whether the Insular Cases should be overruled.

Question Presented (AI Summary)

Whether the preemption doctrine allows for the displacement and amendment of Puerto Rico laws by the Oversight Board through a Plan of Adjustment confirmed pursuant to PROMESA, in absence of a correct constitutional analysis of the doctrine finding express, conflict or field preemption to justify such a result

Docket Entries

2022-11-21
Petition DENIED.
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-14
Brief of respondents Financial Oversight and Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico, et al. in opposition filed.
2022-08-23
Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2022.
2022-08-22
Motion to extend the time to file a response from September 14, 2022 to October 14, 2022, submitted to The Clerk.
2022-08-15
Letter received from Federacion de Maestros de Puerto Rico, Inc.
2022-08-09
Petition for a writ of certiorari filed. (Response due September 14, 2022)

Attorneys

Federacion de Maestros de Puerto Rico, Inc., et al.
Jessica Esther MendezBufete Emmanuelli, C.S.P., Petitioner
The Financial Oversight and Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico, et al.
Martin J. BienenstockProskauer Rose LLP, Respondent