In another chapter of a constitutional battle

The President of the Senate, Thomas Rivera Schatz, is asking the Courts to declare Act 7 of 2005 unconstitutional and thereby remove Pedro Pierluisi from the governor’s office immediately.

The lawyers of the President of the Senate filed a lawsuit on Sunday, requesting, among other things, that a preliminary injunction hearing be scheduled as soon as possible, so that the defendant appears to show cause for which the requested remedies should not be granted.

Also, they are requesting that Pierluisi cease and desist immediately occupying and exercising the functions of Governor of Puerto Rico.

They also seek to void the oath of office that took place on August 2, 2019, and the subsequent occupation of the position of Governor Pedro R. Pierluisi Urrutia, as well as any determination made by him in such function.

This is the most recent chapter in a long constitutional crisis that was ignited from a chat and subsequent protests move governor Rosselló to resign. Later in the night, Governor Pierluisi invited the courts to address this issue quickly.

‘Today, the Senate of Puerto Rico has initiated a lawsuit to declare Act 7 of 1952 unconstitutional, and to challenge my oath as Governor of Puerto Rico. Although it is regrettable that this matter has to resolved by our courts, I hope that it will be treated with the greatest urgency and diligence for the good of the people of Puerto Rico. We have no time to lose. The hard work of rebuilding our island after the onslaught of Hurricane Maria, improving the fiscal situation of our government, making our economy continue to grow, and restoring the credibility of Puerto Rico cannot stop. Our people can rest asure that your government will continue to provide your services without interruption under my responsibility’, stated Pierluisi.

This conflict arise from various interpretations of the Constitution of Puerto Rico and the Act 7 of 2005. The lawyers of the President of the Senate suggest that all these officials be appointed with the advice and consent of the Senate, and in the case of the Secretary of State that also requires that of the House of Representatives, maintains an element of participation of the People in the process.

‘It is reasonable to conclude that this succession must correspond to officials who occupy the position, having been duly ratified in the legislature and who meet the constitutional requirements of age and residence,’ says the lawsuit.

The immediate effect of a decision in favor of Rivera Schatz is that Wanda Vázquez would be sworn in as Governor of Puerto Rico, as the law said that the Secretary of Justice in is the next in line to succeed the governor in case of absence or removal.

Earlier, Pierluisi said from the Governor’s Mansion that the courts should decide his future as Governor of Puerto Rico, not the legislative and political process.