Opinion of the Court
as an arm of the Puerto Rican government, it enjoys sovereign immunity. The District Court denied the motion, reasoning that Congress had abrogated the Board’s immunity in PROMESA—particularly, in Section 2126(a)’s jurisdictional provision. See App. to Pet. for Cert. 74a–76a. While the parties fought over unresolved privilege issues, CPI brought a second suit seeking another set of documents. The Board again invoked sovereign immunity, and the court again denied the defense. See id., at 56a–57a. Orders in both suits were consolidated for appeal.
The Court of Appeals for the First Circuit affirmed the denial of immunity, over a dissent. See 35 F. 4th 1 (2022). The court began by citing Circuit precedent that Puerto Rico (like a State or Indian tribe) enjoys sovereign immunity. It then “assume[d] without deciding” that the Board shares in Puerto Rico’s immunity, noting that CPI had not contested that issue. Id., at 15. That was the Board’s final piece of good news—for the court next held that PROMESA abrogates the Board’s (assumed) immunity. Congress may abrogate sovereign immunity, the court noted, “by making its intention unmistakably clear in the language of the statute.” Ibid. (quoting Kimel v. Florida Bd. of Regents, 528 U. S. 62, 73 (2000)). And Congress had done so, the court held, in Section 2126(a): The “grant of jurisdiction” there “unequivocally stated [Congress’s] intention that the Board could be sued” in federal district court. 35 F. 4th, at 17. The court found additional support for its holding in Sections 2126(c) and (e). The former, the court reasoned, “contemplates” orders of “declaratory and injunctive relief” against the Board. Ibid. And the latter, in making certification challenges unreviewable, “implies” that all other claims against the Board fall within Section 2126(a)’s scope. Ibid. Judge Lynch disagreed. She would have held that Congress had not adequately “set[] forth an intent to abrogate” the Board’s immunity, whether in Section 2126(a)’s jurisdictional grant or in any other provision. Id., at 21.
