Page:FOMBPR v. CPI.pdf/8

Rh We granted certiorari, 598 U. S. ___ (2022), and now reverse.

The question on which we granted certiorari is whether PROMESA—and particularly its jurisdictional provision—abrogates the Board’s immunity. See Brief for Oversight Board i. As thus framed, the question asks only about abrogation, while taking the Board’s underlying immunity as a given. That framing accords with how this case played out in the courts below. Because Circuit precedent had settled Puerto Rico’s own immunity, the lower courts barely addressed the question. See, e.g., 35 F. 4th, at 13–14. Similarly for the Board’s immunity. CPI never argued that the Commonwealth’s immunity did not extend to the Board; and for that reason, the courts below simply assumed the Board’s immunity before turning to the abrogation issue. See, e.g., id., at 14–15. We took the case on those terms, and we resolve it on those terms. See, e.g., Cutter v. Wilkinson, 544 U. S. 709, 718, n. 7 (2005) (“[W]e are a court of review, not of first view”). That means we assume without deciding that Puerto Rico is immune from suit in federal district court, and that the Board partakes of that immunity. We address only whether, accepting those premises, PROMESA effects an abrogation.