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Whether the Appointments Clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico.
Click here to view the opinion. The U.S. Chamber’s amicus brief took no position on this question, arguing only that the de facto officer doctrine does not bar full judicial relief if there had been a constitutional violation. Because the Court found no violation, it did not address the remedial issue.
The U.S. Chamber’s brief takes no position on whether there is any constitutional violation in the appointment of officers to serve on the Financial Oversight and Management Board of Puerto Rico, but argues that if the Court concludes there is a violation of the Appointments Clause here, then the de facto officer doctrine does not bar judicial relief vacating the governmental action taken by unconstitutionally appointed officers that causes injury to an aggrieved party.
Ruthanne M. Deutsch and Hyland Hunt of Deutsch Hunt PLLC served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
