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
The case concerned whether the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) waives sovereign immunity of the Financial Oversight and Management Board, allowing lawsuits in federal court.
The Court held that Congress did not use the unmistakable language required to abrogate sovereign immunity, so the Board retains its immunity.
Background and question before the Court
In 2016 Congress enacted PROMESA to address Puerto Rico’s fiscal crisis.
Centro de Periodismo Investigativo (CPI) sued the Oversight Board in the U.S. District Court for Puerto Rico after its requests for public records were denied.
The legal question was whether PROMESA contains a clear statement that actions against the Oversight Board may be brought in federal court, thereby waiving the Board’s sovereign immunity.
What each side argues
Centro de Periodismo Investigativo, Inc. (CPI)
According to Centro de Periodismo Investigativo, Inc., according to Centro de Periodismo Investigativo, Inc., cPI argues that Section 2126(a) of PROMESA provides that any action against the Oversight Board shall be brought in the Federal District Court for Puerto Rico, indicating a clear waiver of sovereign immunity.
CPI contends that PROMESA’s judicial‑review scheme can be read to contain a clear statement waiving immunity.
United States (Amicus)
According to United States, the United States urged the Court to hold that Puerto Rico enjoys a form of common‑law immunity that territorial governments can invoke in federal court.
What happened at oral argument
The case was submitted during oral argument.
What the Court decided
The Court held that PROMESA does not contain the unmistakable language required to abrogate the Oversight Board’s sovereign immunity.
Because the statute lacks a categorical abrogation, PROMESA’s judicial‑review scheme remains in place but does not waive immunity.
In dissent, the United States argued that Puerto Rico should be allowed to invoke a form of common‑law immunity in federal court.
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.
- 79b5a7674d95f84e7e89-r1-a74233ad2c6f2159.pdforal argument transcript
- c8fe73a890a9a5239470-r1-98faec7b5e5d0310.pdfopinion
Guide generated September 29, 2026. Automated validation accepted this version.