On June 1, 2020, the U.S. Supreme Court unanimously held that the appointment of Puerto Rico’s Financial Oversight and Management Board without the advice and consent of the Senate did not violate the Appointments Clause. The Court concluded that because the Board’s members exercise primarily local duties, they are not “officers of the United States” subject to the Appointments Clause. The decision was a setback for WLF, which argued that those performing federal functions who are not appointed as prescribed by the Constitution lack standing to sue.
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