Justice Sotomayor, the Denial of Democracy in Puerto Rico and the FOMB
This article explores whether the federally created Financial Oversight Management Board is contrary to the republican form of government in Puerto Rico and its implications for the Puerto Rico insolvency cases.
November 10, 2020 at 11:00 AM
8 minute read
The Supreme Court has described the right to vote as follows: "a fundamental political right, … preservative of all rights." Reynolds v. Sims, 377 U.S. 533, 562 (1964). In Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, 140 S.Ct. 1649 (2020), Justice Sotomayor in a concurring in judgment opinion eloquently articulated why the Financial Oversight Management Board (the FOMB) is an anathema to Puerto Ricans. As explained herein, the FOMB eviscerates the ability of Puerto Ricans to have an effective representative government. The FOMB, which is a federally appointed body pursuant to PROMESA, exercises control over the government of the Commonwealth of Puerto Rico (Puerto Rico). Most importantly, the FOMB, as part of its portfolio, has exclusive authority over the Puerto Rico insolvency cases. The FOMB's extensive powers over Puerto Rico raise significant questions concerning the legitimacy of the Puerto Rico insolvency cases and the legitimacy of the FOMB's supervision of Puerto Rico.
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