Can a Nonprofit, Investigative Organization Sue the Financial Oversight and Management Board for Puerto Rico in Federal Court to Obtain Its Records and Communications?

CASE AT A GLANCE In 2016, Congress enacted the Puerto Rico Oversight, Management, and Economic Stability Act to address 'the most debilitating fiscal emergency' in Puerto Rico's history. As part of the act, Congress created the Financial Oversight and Management Board (the Board) for Puerto Rico as an entity within the government of Puerto Rico. Centro de Periodismo Investigativo, a Puerto Rican nonprofit investigative media organization, sued the Board in federal court to obtain records and communications, pursuant to its right under the Puerto Rico Constitution. The Board argued that it enjoyed sovereign immunity from the suit, however, and that Congress did not abrogate its immunity in the act.
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. Docket No. 22-96 Argument Date: January 11, 2023 From: The First Circuit Introduction The Supreme Court [...]