The US Supreme Courtroom on Thursday ruled in opposition to a gaggle of Puerto Rico journalists who have been in search of paperwork from the island’s monetary oversight board, saying that the board is protected against such info requests by sovereign immunity.
The case, Monetary Oversight and Administration Board for Puerto Rico v. Centro de Periodismo Investigativo, requested the court docket to find out whether or not the board is protected by the Puerto Rican authorities’s sovereign immunity. Writing for almost all, Justice Elena Kagan mentioned that the board is a part of the federal government of Puerto Rico. To restrict that sovereign immunity, Congress would wish to make use of “unmistakable language,” which isn’t current within the act that created the board, PROMESA. As a result of this sort of clear language limiting immunity just isn’t current, the board enjoys the protections of sovereign immunity and isn’t obligated to offer information to the press.
Lourdes M. Rosado, president of the civil rights group LatinoJustice PRLDEF, condemned the ruling, saying in a statement that the choice “permits this anti-democratic physique to proceed to withhold important info on their choices and actions affecting Puerto Rico’s economic system and the lives of thousands and thousands of individuals.”
Congress created the board in 2016 after the island territory declared a fiscal disaster. The board subsequently filed for chapter safety in 2017, however courts gave the board oversight of Puerto Rico’s monetary administration below PROMESA in 2018. Puerto Rico’s financial challenges have continued regardless of the board’s oversight, contributing to opposition to the board, whose members should not elected.
The ruling limiting journalists’ rights to request info from the territory’s governing our bodies follows a 2022 Supreme Courtroom decision that mentioned Puerto Ricans could possibly be excluded from sure federal advantages. Puerto Rico’s standing stays an open query, as its present standing as a territory continues to create authorized issues for residents.
The Home of Representatives passed a invoice in December 2022 to empower Puerto Ricans to vote on whether or not they need to turn out to be a US state, an impartial nation, or a sovereign authorities related to the US. The invoice didn’t move the Senate however was re-introduced within the Home this 12 months.
