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Abstract
| Argument: |
Tuesday, April 27, 1982
|
| Decision: |
Monday, June 28, 1982 |
| Issues: |
Judicial Power, Judicial Administration, Miscellaneous |
| Categories: |
bankruptcy, jurisdiction |
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Advocates
| John L. Devney |
(Argued the cause for the appellant, Northern Pipeline Construction) |
| Rex E. Lee |
(Argued the cause for the United States in both cases) |
| Melvin I. Orenstein |
(Argued the cause for the appellee, Marathon Pipe Line) |
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Facts of the Case
The Bankruptcy Reform Act of 1978 created a system of bankruptcy courts as an adjunct to the federal system of district courts. This case was decided together with United States v. Marathon Pipeline Co.
Question
Did the Act violate Article III of the Constitution?
Conclusion
Yes. A plurality held that Congress had essentially conferred Article III powers to an adjunct system of courts and, consequently, "impermissibly removed most, if not all, of the essential attributes of the judicial power" from the district courts.
