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High Court to Decide if Puerto Rico Board Has Sovereign Immunity

Oct. 3, 2022, 1:46 PM

The US Supreme Court will examine whether the federal board overseeing Puerto Rico’s financial restructuring has sovereign immunity that would shield it from a news organization’s lawsuit seeking public records.

The Financial Oversight and Management Board of Puerto Rico petitioned to the high court after the US Court of Appeals for the First Circuit ruled, in a split panel decision, that the board isn’t immune from litigation.

Congress created the board by enacting the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). Congress was “unmistakably clear” that the board can be sued in federal court and is subject ...