This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Financial Oversight and Management Board for Puerto Rico, the case concerns whether members of the Financial Oversight and Management Board for Puerto Rico are officers of the United States subject to the Appointments Clause or territorial officers.
The United States argues that Congress placed the Board within the Puerto Rican government under its territorial authority, raising a constitutional question under Article IV.
Background and question before the Court
According to Financial Oversight and Management Board for Puerto Rico, the central question is whether members of the Financial Oversight Board are officers of the United States who must be selected under the Appointments Clause or territorial officers who are not subject to that requirement.
What each side argues
Financial Oversight and Management Board for Puerto Rico
According to Financial Oversight and Management Board for Puerto Rico, the Board asserts that the case turns on whether its members are officers subject to the Appointments Clause or territorial officers.
According to Financial Oversight and Management Board for Puerto Rico, the Board urges the Court not to reach the remedial issue, noting that the de facto officer doctrine is unnecessary.
According to Financial Oversight and Management Board for Puerto Rico, the Board argues it acts as an advocate for Puerto Rico, exercising territorial authority rather than federal power.
United States
The United States contends that Congress expressly invoked its authority over the territories and placed the Board within the Puerto Rican government, a choice that is constitutional under Article IV.
Mr. Olson
Mr. Olson argues that the President appointed a board member without Senate advice and consent, violating the Appointments Clause.
Ms. Mendez‑Colberg
According to Ms. Mendez-Colberg, ms. Mendez‑Colberg states that the oversight board has the authority to file bankruptcy proceedings, a federal power, on behalf of the government.
What happened at oral argument
Oral argument before the Supreme Court began at 10:06 a.m.
Justice Sotomayor asked a question during the argument.
According to Justice Ginsburg, justice Ginsburg also posed a question.
Justice Kavanaugh asked whether the officer could still be a valid territorial officer while exercising duties it perhaps could not.
According to Justice Sotomayor, justice Sotomayor questioned whether the governor and legislature could create their own fiscal rescue plan.
Chief Justice Roberts asked whether the Appointments Clause applies to Puerto Rico in this case.
- [1] 6c15a08af5281865bd79-r1-95c63a04159cc694.pdf, p. 3
- [2] 6c15a08af5281865bd79-r1-95c63a04159cc694.pdf, p. 8
- [3] 6c15a08af5281865bd79-r1-95c63a04159cc694.pdf, p. 8
- [4] 6c15a08af5281865bd79-r1-95c63a04159cc694.pdf, p. 46
- [5] 6c15a08af5281865bd79-r1-95c63a04159cc694.pdf, p. 58
- [6] 6c15a08af5281865bd79-r1-95c63a04159cc694.pdf, p. 88
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 6c15a08af5281865bd79-r1-95c63a04159cc694.pdforal argument transcript
Guide generated September 27, 2026. Automated validation accepted this version.