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 Cheif 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.
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Briefs and Documents
Merits Briefs
- Brief for Petitioner Howard K. Stern, Executor of the Estate of Vicki Lynn Marshall
- Brief for Respondent Elaine T. Marshall, Executrix of the Estate of E. Pierce Marshall
- Reply Brief for Petitioner Howard K. Stern, Executor of the Estate of Vicki Lynn Marshall
Amicus briefs
- Brief for the United States in Support of Petitioner
- Brief for National Association of Bankruptcy Trustees in Support of Petitioner
- Brief for Professors Richard Aaron, Laura Bartell, Jagdeep S. Bhandari, Susan Block-Lieb, Robert D'Agostino, Jackie Gardina, Ingrid Hillinger, George W. Kuney, Lois Lupica, C. Scott Pryor,Keith Sharfman, Michael D. Sousa, and Robert M. Zinman in Support of Petitioner
- Brief for Law Professors S. Todd Brown, G. Marcus Cole, Ronald D. Rotunda, and Todd J. Zywicki in Support of Respondent
- Brief for the Washington Legal Foundation in Support of Respondent
- Brief for the National Black Chamber of Commerce and the American Board of Trial Advocates in Support of Respondent
- Brief for the Center for the Rule of Law in Support of Respondent
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