Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Stern v. Marshall

Docket No. Op. Below Argument Opinion Vote Author Term
10-179 9th Cir. Jan 18, 2011
Tr.Aud.
Jun 23, 2011 5-4 Roberts OT 2010

Holding: The bankruptcy court had the statutory authority to issue a final and binding decision on a claim based exclusively on a right assured by state law. However, the bankruptcy court nonetheless lacked the constitutional authority to do so.

Judgment: Affirmed, 5-4, in an opinion by Chief Justice John Roberts on June 23, 2011. Justice Scalia filed a concurring opinion. Justice Breyer filed a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor, and Kagan.

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus briefs

Certiorari-stage documents

 
Share:
Term Snapshot
Awards