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.

Justice Sotomayor’s Concurrence in Judgment Opinion in Financial Oversight and Management Board for ‘Puerto Rico v. Aurelius Investment’. In Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, 140 S.Ct. 1649 (2020) the Supreme Court held that the appointment of the members of the FOMB did not violate the Appointments Clause of the Constitution because the members of the FOMB exercised powers that were local in nature. Justice Sotomayor concurred in judgment, and her concurrence raised an important issue as to whether the FOMB violated the right of Puerto Ricans to have a republican form of government.

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