No. 22-484

Pedro Pierluisi, Governor of Puerto Rico, et al. v. Financial Oversight and Management Board for Puerto Rico

Lower Court: First Circuit
Docketed: 2022-11-22
Status: Denied
Type: Paid
Amici (2)
Tags: administrative-law administrative-review board-determination civil-rights due-process federalism fiscal-plan legislative-oversight promesa puerto-rico-sovereignty statutory-interpretation territorial-self-rule
Key Terms:
AdministrativeLaw ERISA Securities
Latest Conference: 2023-03-24
Question Presented (from Petition)

1. What standard of review governs a district court's evaluation of the Board's determination that Puerto Rican legislation "would impair or defeat the purposes of" PROMESA, id. § 2128(a)(2), and its review of that legislation for consistency with the fiscal plan, id. § 2144(a)?

2. Does this standard of review require the Board to reasonably and contemporaneously explain its decisions without relying on post-hoc justifications?

3. Did the court of appeals err in affirming the Title III Court's holding that the Board's determinations regarding Acts 47, 82, 138, and 176 were not arbitrary and capricious?

Question Presented (AI Summary)

What standard of review governs a district court's evaluation of the Board's determination that Puerto Rican legislation 'would impair or defeat the purposes of' PROMESA, and its review of that legislation for consistency with the fiscal plan?

Docket Entries

2023-03-27
Motion for leave to file amicus brief out of time filed by Hon. Jose Luis Dalmau DENIED.
2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-03-07
Reply of petitioner Honorable Pedro Pierluisi, et al. filed. (Distributed)
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2023-02-21
Brief of respondent Financial Oversight and Management Board for Puerto Rico in opposition filed.
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2023-02-16
Motion for leave to file out of time amicus brief filed of Hon. Jose Luis Dalmau.
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2022-12-05
Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2023. See Rule 30.1.
2022-12-02
Motion to extend the time to file a response from December 22, 2022 to February 20, 2023, submitted to The Clerk.
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2022-11-18
Petition for a writ of certiorari filed. (Response due December 22, 2022)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word CountProof of Service
2022-09-13
Application (22A223) granted by The Chief Justice extending the time to file until November 19, 2022.
2022-09-09
Application (22A223) to extend the time to file a petition for a writ of certiorari from September 20, 2022 to November 19, 2022, submitted to The Chief Justice.
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Attorneys

Hon. Jose Luis Dalmau
Edwin Quinones — Quiñones, Arbona & Candelario, Amicus
Honorable Pedro Pierluisi, in his official capacity, et al.
William J. Sushon — O'Melveny & Myers LLP, Petitioner
The Financial Oversight and Management Board
Martin J. Bienenstock — Proskauer Rose LLP, Respondent