Northern Pipeline Construction Co. v. Marathon Pipe Line Co.
- Decided
- October 4, 1982
- Docket
- 81-150
- Status
- Published
- Jurisdiction
- Federal
Cited 3,187 timesSuperseded by statute (not yet verified)Possible negative treatment: superseded by statute (not yet verified) · Charlton C. Tooke, III
What later courts said
- holding that delegation to adjunct bankruptcy judges of powers beyond those conferred to non-Article III judges rendered an entire administrative scheme unconstitutional — Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of Corrections (2003)
- holding that the bankruptcy courts’ jurisdiction to adjudicate common law claims violated Article III without deciding the claims — Federal Election Commission v. Nra Political Victory Fund (1993)
- holding that the 1978 Bankruptcy Reform Act's broad grant of jurisdiction to bankruptcy judges violated Article III of the Constitution — In Re Dalton (1984)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Brennan announced the judgment of the Court and delivered an opinion, in which Justice Marshall, Justice Blackmun, and Justice Stevens joined.
The question presented is whether the assignment by Congress to bankruptcy judges of the jurisdiction granted in 28 U. S. C. § 1471 (1976 ed., Supp. IV) by § 241(a) of the Bankruptcy Act of 1978 violates Art. Ill of the Constitution.
I
Statutes cited
- 28 U.S.C. § 1471
- 28 U.S.C. § 151
- 2 U.S.C. § 351
- 28 U.S.C. § 154
- 28 U.S.C. § 1481
- 28 U.S.C. § 1651
- 11 U.S.C. § 105
- 28 U.S.C. § 160
- 28 U.S.C. § 1480
- 28 U.S.C. § 1473
And 4 more sections cited in the full opinion.
Cite this
Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982)Read the full opinion
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