A Puerto Rican Equal Justice Works Fellow at SCOTUS

By Carlos F. Ramos-Hernandez, a 2022 Fellow hosted by the Centro de Periodismo Investigativo. Carlos’ Fellowship project is supported by an Anonymous sponsor.

I never imagined that I would be an integral part of a case before the Supreme Court of the United States (SCOTUS) that is so important for the people of Puerto Rico and our fundamental right to access public information.

For the past year and a half, I have been honored to work at the award-winning nonprofit media organization the Centro de Periodismo Investigativo (CPI) as the first Puerto Rico-based Equal Justice Works Fellow. My Fellowship strives to strengthen and defend Puerto Rico’s fundamental right to access public information through strategic litigation, legal education, and policy advocacy and reporting.

While spearheading these integral aspects of my project, a unique and extraordinary opportunity presented itself. SCOTUS granted certiorari in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. Soon after, the attorneys representing the CPI from the Access to Information Clinic at the Inter-American University of Puerto Rico School of Law, asked me if I wanted to fully join the team on this case. I unequivocally accepted the challenge.

For more than five years, CPI journalists have been actively trying to access public documents and communications from the Financial Oversight Board about its operations. This federally-imposed Board was created to oversee Puerto Rico’s debt restructuring process and has been forcing steep austerity measures since 2016, even nullifying local laws involving pensions, health insurance, and workers’ benefits. The CPI’s legal position has consistently been that the Board, as an entity within the territorial government and paid by local taxpayer money, is subject to Puerto Rico’s Constitution and disclosure laws like every other agency. On the contrary, the Board argues that “sovereign immunity” and principles of federalism shield it from being held accountable by the people.

Most of the preparation for SCOTUS litigation occurs before the oral argument. For more than three months, I worked closely with CPI’s pro bono counsel from Williams & Connolly and veteran civil rights attorney Judith Berkan. Serving as the liaison between the two legal teams, I helped with the amicus brief coordination and coalition-building efforts and supported drafting of the factual background and substantive legal arguments for CPI’s brief in opposition. Having been a licensed attorney for five years now, I was able to request SCOTUS bar admission which allowed me to attend oral argument, wait in the lawyer’s lounge, and sit at the counsel table.

SCOTUS heard the argument on January 11, 2023, the same day that commemorates the birth of Puerto Rican educator, intellectual, and pro-independence leader, Eugenio María de Hostos. I kept thinking back to his teachings on defending human dignity and fostering solidarity among the opressed as I walked through the halls of the grandiose marbled stone building that sedes the United States’ highest court. It was exciting to present the culmination of months’ work and see powerhouse attorney Sarah Harris masterfully argue the case for CPI. It was impressive, yet overwhelming, to witness up-close how theatrical and fast-paced oral arguments are. While some Justices seemed interested in the stakes of the case, others were trying to dispose of it without resolving the issues.

Aside from the thrill of the moment, I was also enraged by the fact that we had to be there. This undemocratic Board makes financial decisions that will adversely impact future generations and wants to keep operating in secrecy without any real accountability. There is no hiding the colonial nature of it all. Yet, as I reflect back on that day, I am proud that, no matter the forum, CPI has shown everyone that it will neither give up nor stop fighting for a more just and transparent Puerto Rico.

As a young, Puerto Rican public interest lawyer, this experience showed me that I can confidently work at the highest level of appellate litigation in the United States, even against a powerful adversary. Moving forward, I am eager to continue developing these advocacy skills, so I can keep serving those who need it most in my island-nation.

I am humbled and grateful for belonging to this amazing team, especially for attorney Berkan’s mentorship throughout this journey. I also want to thank Equal Justice Works and my Anonymous sponsor for supporting this important work.

To learn more about Carlos’ Fellowship project and work he is doing to create a more just, equitable, and transparent Puerto Rico, visit his profile here.