Aurelius Inv., LLC v. Puerto Rico

Background

A group of parties and amici are contesting a decision by the First Circuit of Appeals about two legal questions: the Appointment Clause and the de facto officer doctrine. The Court granted review, consolidated the cases, and set argument for the second week of the October 2019 session. The order primarily lays out who must file which brief, when briefs are due, what color cover each brief must have, and the word limits for each filing.

Reasoning

The Court’s action is procedural: it accepted the case for review and divided the briefing schedule by issue and by who supports or challenges the First Circuit’s rulings. Parties challenging the First Circuit’s Appointment Clause ruling must file an opening brief by July 25, 2019 (light blue cover, 15,000 words). Parties supporting that ruling and challenging the de facto officer doctrine must file a consolidated opening brief by August 22, 2019 (light red cover, 20,000 words). Parties taking the opposite mix must file a consolidated opening brief and reply by September 19, 2019 (yellow cover, 13,000 words). A limited reply on the de facto officer doctrine is due October 8, 2019 (tan cover, 6,000 words). Amicus briefs have two separate deadlines (August 1 or August 29, 2019), color requirements (light green or dark green), and 9,000-word limits, and each amicus may file only one brief.

Real world impact

The immediate effect is procedural: parties and outside groups must prepare detailed, time‑sensitive briefs in set formats. The order does not decide the legal questions on the merits; it schedules argument and ensures the Court will hear full briefing on the Appointment Clause and de facto officer doctrine before resolving those issues.