Financial Oversight and Management Board for Puerto Rico v. Centro De Periodismo Investigativo, Inc.

On May 11, 2023, the U.S. Supreme Court ruled that the Financial Oversight and Management Board for Puerto Rico, established under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), does not inherit the Puerto Rican government's sovereign immunity. The Centro de Periodismo Investigativo (CPI), an investigative journalism nonprofit, had requested documents related to the Board's decisions under Puerto Rico's constitutional right to information. The Board refused, claiming sovereign immunity barred such disclosure. In an 8-1 decision authored by Justice Ketanji Brown Jackson, the Court held that PROMESA did not extend Puerto Rico's immunity to the Board and that historical practice did not support granting immunity to such a territorial entity. The ruling compelled the Board to comply with the information request, reinforcing transparency.

The Supreme Court ruled 8-1 against the Board, holding that it does not possess sovereign immunity and must respond to the CPI's document request. Justice Ketanji Brown Jackson wrote the majority opinion; Justice Clarence Thomas dissented.

1. Whether the Financial Oversight and Management Board for Puerto Rico inherited the sovereign immunity of the Puerto Rico government, thereby shielding it from a constitutional information request. 2. Whether Congress intended to grant the Board immunity from public records demands when it enacted PROMESA.

The decision strengthened government transparency in Puerto Rico by ensuring that the federally created fiscal oversight board cannot hide behind sovereign immunity to evade public records scrutiny. It was hailed as a significant victory for press freedom and accountability in U.S. territories, affirming that even powerful oversight bodies are subject to constitutional guarantees of access to information.