Puerto Rico’s Supreme Court unanimously ruled on Wednesday that part of the law used by embattled governor Ricardo Rosselló to name Pedro Pierluisi as his successor is unconstitutional.
“The governor’s oath of office was unconstitutional,” Puerto Rico’s Supreme Court said. “Therefore, Hon. Pedro R. Pierluisi Urrutia can’t continue his work as Governor after this Opinion and Sentence becomes effective.”
The decision from the island’s highest court, which becomes official at 5 p.m., came after Senate President Thomas Rivera Schatz filed a lawsuit on Monday, asking courts to immediately remove Pierluisi from his post based on the fact that the events didn’t follow the constitution.
Rosselló had chosen Pierluisi to fill the secretary of state vacancy left by Luis G. Rivera Marín, who resigned last month over his involvement in the chat scandal that led to Rosselló’s resignation after weeks of historic protests.
According to Puerto Rico’s Constitution, the island’s secretary of state should be the new governor if the position is vacant. But at the core of the legal dispute was the question of whether Pierluisi was a legitimate secretary of state in position to become Rosselló’s rightful successor.
“It’s unconstitutional to allow a Secretary of State to become Governor without having been confirmed by both legislative chambers,” the Supreme Court said in a press release.
While Pierluisi had been confirmed as secretary of state by Puerto Rico’s House of Representatives an hour before he took his oath as governor on Friday, Puerto Rico’s Senate had never taken a vote on the nomination.
The Senate postponed the vote for the following week, which came after Gov. Rosselló’s resignation became official. That vote, which was supposed to take place this week, never happened.
Instead, Rivera Schatz went to court, arguing that Pierluisi did not “occupy the position of secretary of state in property” because he wasn’t confirmed by both Houses.
Pierluisi, a former resident commissioner and an attorney, argued that wasn’t the only way that the secretary of state could be ratified.
In his defense, Pierluisi cited the law of succession of 2005, which incorporated a recommendation made by the island’s Department of Justice that waives a secretary of state’s confirmation requirement in case of an emergency.
Pierluisi told reporters on Wednesday that he would be reacting to the decision later.
In it’s decision, the Puerto Rican Supreme Court clarified that the part of the 2005 law of succession that outlines which government officials can occupy the position of governor in the event of a vacancy is constitutional.
Based on this, Justice Secretary Wanda Vázquez should be the person who is sworn as Puerto Rico’s new governor on Wednesday at 5 p.m. In numerous occasions, Vázquez has voiced her disinterest to occupy the position.
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