ABA Files Brief Combating Stern v. Marshall

The ABA has filed an amicus brief with the U.S. Supreme Court, seeking to limit the reach of the 2011 decision Stern v. Marshall.

The ABA argues that, as long as litigants consent, bankruptcy courts can decide matters outside their constitutional authority without violating the Constitution.  The ABA says the argument that followed this Anna Nicole Smith case, in which litigants can no longer consent to having non-Article III courts decide their claims, is contrary to precedent and would further burden federal district courts.

See Debra Cassens Weiss, ABA Seeks to Limit Reach of Anna Nicole Smith Case Restricting Bankruptcy Judges’ Powers, Nov. 19, 2013.