Puerto Rico and the Constitution
A court ruling could devastate the U.S. territory unless Congress acts.
Puerto Rico’s oversight board is unconstitutional, according to the First U.S. Circuit Court of Appeals. The seven board members, including me, were nominated by congressional leadership and selected by President Obama under the Puerto Rico Oversight, Management, and Economic Stability Act of 2016, or Promesa. The court’s Feb. 15 ruling held that board members are federal officers subject to the Constitution’s Appointments Clause, and therefore must be nominated by the president and confirmed by the Senate.
Puerto Rico would...