Puerto Rican Board Cannot Preempt Public Access to Government Records
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the First Circuit in CPI v. FOMB. This lawsuit was brought by the Puerto Rico-based journalism nonprofit Centro de Periodismo Investigativo (“CPI”) against Puerto Rico’s Financial Oversight and Management Board (“Board”). At issue is whether the Board is subject to Puerto Rico’s constitutional and statutory provisions guaranteeing a right of public access to government records. The Board has moved to dismiss twice, arguing that the 2016 law enacting it preempts these Puerto Rico disclosure laws. The district court rejected this argument twice. This amicus brief urges the First Circuit to affirm that holding and focuses on the preemption analysis. The brief explains why the Board’s arguments for preemption are meritless.