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 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.

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

Certiorari-stage documents

• Opinion below (9th Circuit)
• Petition for certiorari (unavailable)
• Brief in opposition (unavailable)
• Petitioner's reply (unavailable)