Decided
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
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Related Coverage
Aug 3, 2010Petition for a writ of certiorari filed. (Response due September 7, 2010)
Aug 20, 2010Brief of respondent Elaine T. Marshall, Executrix of the Estate of E. Pierce Marshall in opposition filed.
Aug 31, 2010Reply of petitioner Howard K. Stern, Executor of the Estate of Vickie Lynn Marshall filed. (Distributed)
Sep 1, 2010DISTRIBUTED for Conference of September 27, 2010.
Sep 28, 2010Petition GRANTED limited to Questions 1, 2, and 3 presented by the petition.
Nov 2, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 2, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent.
Nov 8, 2010SET FOR ARGUMENT ON Tuesday, January 18, 2011.
Nov 12, 2010Joint appendix filed. (Statement of costs filed)
Nov 12, 2010Brief of petitioner Howard K. Stern, Executor of the Estate of Vickie Lynn Marshall filed.
Nov 15, 2010Brief amici curiae of Professors Richard Aaron, et al. filed.
Nov 19, 2010Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Nov 19, 2010Brief amicus curiae of the United States filed.
Nov 24, 2010Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 26, 2010CIRCULATED.
Dec 2, 2010Record received from U.S.C.A. for 9th Circuit. (1 box)
Dec 13, 2010Brief of respondent Elaine T. Marshall, Executrix of the Estate of E. Pierce Marshall filed. (Distributed)
Dec 16, 2010Record received from U.S.D.C. for Central District of Califronia. (36 boxes)
Dec 20, 2010Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Dec 20, 2010Brief amici curiae of Law Professors S. Todd Brown, et al. filed. (Distributed)
Dec 20, 2010Brief amici curiae of National Black Chamber of Commerce, et al. filed. (Distributed)
Dec 20, 2010Brief amicus curiae of Center for the Rule of Law filed. (Distributed)
Jan 7, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 11, 2011Reply of petitioner Howard K. Stern, Executor of the Estate of Vickie Lynn Marshall filed. (Distributed)
Jan 18, 2011Argued. For petitioner: Kent L. Richland, Los Angeles, Cal.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For repondent: Roy T. Englert, Jr., Washington, D. C.
Jun 23, 2011Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Scalia, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jul 14, 2011Petition for Rehearing filed.
Jul 21, 2011DISTRIBUTED.
Aug 15, 2011Rehearing DENIED.
Aug 15, 2011JUDGMENT ISSUED.
Recommended Citation: Stern v. Marshall, SCOTUSblog, https://www.scotusblog.com/cases/stern-v-marshall/