Puerto Rico Oversight Board asks U.S. High Court to scrap appointment ruling

Puerto Rico’s Federal Oversight Board is asking the U.S. Supreme Court to overturn a ruling that deemed its members unconstitutionally appointed and opened the door for President Donald Trump to appoint his own nominees to supervise the island’s record bankruptcy.

The board said in a statement Tuesday that it filed a petition with the high court challenging a Feb. 15 decision by the U.S. Court of Appeals for the First Circuit that the appointments weren’t constitutional because the U.S. Senate didn’t approve them.

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U.S. President Donald Trump speaks during a 'Conversations with the Women of America' event at the Eisenhower Executive Office Building in Washington, D.C., U.S., on Tuesday, Jan. 16, 2018. Republican leaders in Congress are angling for another short-term funding measure to avert a government shutdown at the end of this week while trying to keep a dispute over immigration separate from their attempts to get agreement on spending priorities. Photographer: Al Drago/Bloomberg
Al Drago/Bloomberg

That verdict was prompted by a lawsuit from investment firm Aurelius Investment and other creditors.

The federal board plans to ask the appeals court to prolong a stay that prevents the ruling from taking effect. The current 90-day stay extends through May 16, said Matthias Rieker, spokesman for the federal board.

The board, which was established by federal legislation to help the island out of its debt crisis, maintains that its members are exempt from a full vote in the Senate because the panel was created as an entity within the government of Puerto Rico rather than the U.S. government.

President Barack Obama in 2016 selected the members from a list of candidates supplied by leaders of both political parties in the U.S. House and Senate.

Bloomberg News
Munis Commonwealth of Puerto Rico Puerto Rico Electric Power Authority Puerto Rico Highway & Transportation Authority Puerto Rico Public Finance Corporation Puerto Rico Infrastructure Financial Authority Puerto Rico Aqueduct & Sewer Authority Puerto Rico Public Buildings Authority Puerto Rico Sales Tax Financing Corp (COFINA)
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