The lives of Puerto Rico residents remain profoundly disrupted by the aftermath of Hurricane Maria measured by metrics such as electricity, clean water, health care access, with death tolls mounting. This week, though, in a federal court hearing on January 10, 2018, Puerto Rico has the extra burden of confronting Hurricane Aurelius. Aurelius Capital Management seeks to invalidate a key element of PROMESA, the 2016 law that, among other things, created a bankruptcy process for the Puerto Rico that has been underway since May 2017, managed by an Oversight Board that has been working through its PROMESA tasks for many months longer. (For those looking for PROMESA, it is codified as Chapter 20 of Title 48 of the U.S. Code). Specifically, Aurelius challenges the Oversight Board selection process as violating the Appointments Clause of Article II of the U.S. Constitution. Defenders of the law's constitutionality, including the Trump Administration, say the Appointments…
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