Supreme Court to Say Whether Puerto Rico Oversight Board Was Constitutionally Appointed

With extraordinary alacrity, the Supreme Court granted certiorari on June 20 to decide whether the appointment of the members of the Financial Oversight and Management Board of Puerto Rico violated the Appointments Clause of the Constitution because they were not nominated by the President and confirmed by the Senate. In the order granting certiorari, the justices accelerated the briefing schedule and directed that oral argument be held on October 15 or 16, the second week of arguments in the Court’s new term. It is unclear whether the high court will eventually hear or decide the case, because the President on June 18 sent nominations of the current Board to the Senate for confirmation. Should the Senate confirm the appointment of the current Board members, the appeal in the Supreme Court presumably will become moot in large part, if not entirely. The Puerto Rico case is the second bankruptcy matter that the Supreme Court has decided to review in the next term. By ruling on Ritzen Group Inc. v. Jackson Masonry LLC, 18-938 (Sup. Ct.) (cert. granted May 20, 2019), the high court will shed more light on what is or is not a final order conveying a right of appeal in a bankruptcy case.

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