Puerto Rico v. Sanchez Valle (15-108)

argument 15-108

Puerto Rico v. Sanchez Valle

Supreme Court of the United States 1h 1m 4 speakers 8 chapters transcribed 6 days ago official recording ↗

▲ 0

Transcript

jump: chapters · speakers · find in transcript

Transcript

Transcript generated automatically by AI and may contain errors.

What is the source of authority for Puerto Rico’s criminal laws?

John G. Roberts 0:01

You'll hear argument next in case fifteen one hundred eight, the Commonwealth of Puerto Rico versus uh via. Mr Landa?

William D. Landau 0:12

Thank you, Mr Chief Justice, and may it please the court. This case turns on the straightforward point that the people of Puerto Rico are the source of authority for the laws of Puerto Rico. That means that a prior federal conviction has no double jeopardy implications for the enforcement of the Commonwealth's criminal laws, because Commonwealth law and federal law emanate from different sources of authority the people of Puerto Rico on the one hand and Congress on the other.

Unknown 0:42

Amen. Forty eight USC seventeen oh four which covers Guam, the Virgin Islands, America and Samoa, put it amend that statute and put Fort Puerto Rico in there as well.

William D. Landau 0:58

It could certainly amend that statute, Your Honor, with respect to federal prosecutions in Puerto Rico, pursuant to its authority over federal prosecutors. Your question, Your Honor, raises a very intricate question with the

Unknown 1:12

statute is it works both ways.

William D. Landau 1:14

In the Statute, Your Honor, it does, because there is no question Puerto Rico is in a unique status that is different than Guam, the Virgin Islands, and American Samoa, precisely because those are all territories governed as traditionally by organic acts of Congress. What about the Northern Marianas? Your Honor, they are in an interesting position that is generally more analogous to Puerto Rico in The sense that they are a Commonwealth of the Northern Marianas with a compact of their own that was very much modeled on Puerto Rico, although it's somewhat different than the Puerto Rico model. But there's a a profound distinction that goes to the heart of this case between the home rule territories, where Congress, to be sure, has delegated a measure of self-government to those particular territories, but each of them.

William D. Landau 2:04

Guam, the Virgin Islands and American Samoa are still governed by organic acts of Congress, as was Puerto Rico prior to nineteen fifty.

Unknown 2:19

Congress can deal with what the federal prosecutors do. But the statute works both ways. Are you saying it couldn't Congress has no power to do that with respect to Puerto Rico.

William D. Landau 2:30

I would say, Your Honor, that that raises a very interesting and tricky issue with respect to the compact that the nineteen fifty Public Law Six Hundred offered the people of Puerto Rico that was accepted. As this Court said in the Flores de Otero case in the nineteen seventies, the Congress

Unknown 2:48

You're saying it is a hard question, but you haven't given me I Well it I

William D. Landau 2:51

I I think the answer is Probably not, insofar as this court said, and I'm not saying this myself, I'm quoting this court, Congress relinquished control over the organization of the internal affairs of the island. Now, one point to make very, very clear: our position today on the double jeopardy issue does not turn on that relinquishment issue. But to answer your hypothetical specifically, if Congress started to tell the Puerto Rico prosecutors what cases they may prosecute. That might raise some serious questions under the Contra. I'm just

Unknown 3:26

I just take the statute as it is, just add Puerto Rico. Right. Not telling prosecutors what to do in a particular case.

William D. Landau 3:33

Well a and again, Your Honor, I I think the critical point here and I think what is most telling, going back to some of the colloquy that just happened in the other case. Congress since nineteen fifty-two has never attempted to do anything like that, to tell the people to tell to exercise control over what the government officials in Puerto Rico.

Unknown 3:54

That

William D. Landau 3:54

doesn't mean it

Unknown 3:54

couldn't. That doesn't necessarily mean it couldn't change the law. Is it essential to your case? that we recognize Puerto Rico as

William D. Landau 4:04

a sovereign. It is not essential that you recognize Puerto Rico as a sovereign with a capital S, because if you get twelve political

Unknown 4:14

That's our usual double jeopardy uh law, isn't it?

William D. Landau 4:20

It is the shorthand that this court has typically used, the dual sovereignty doctrine, but the court made clear this is the lesson of the Wheeler case, where the court was the Ninth Circuit said, gee, these Indian tribes don't look like sovereigns to us because they are subject to the plenary control of Congress.