Stern v. Marshall
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 John Roberts on Jun 23, 2011. Justice Scalia filed a concurring opinion. Justice Breyer filed a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor, and Kagan.
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
[##CERT-STAGE##]
Recommended Citation: Stern v. Marshall, SCOTUSblog, https://www.scotusblog.com/cases/stern-v-marshall/