Veteran Supreme Court Reporter Analyzes Roberts Court's Form Of 'Judicial Activism'

PHILADELPHIA - Does the U.S. Supreme Court under Chief Justice John G. Roberts Jr. engage in judicial activism? Yes, according to a reporter who has covered the high court for more than 50 years. But, he says, that's not a negative quality, or unusual. And he has a pretty narrow definition of "activism...

Steve Jakubowski: Supreme Court's Ruling In Stern v. Marshall A 'Bombshell'

In my last post , I posited whether the Court's decision in Stern v. Marshall would be a bombshell or a dud. It certainly was no dud. And after reading the 5-4 opinion, I'd say that it's a bombshell in several respects, both from a bankruptcy and constitutional perspective. Here's four...

Stephen Sather's Thoughts On The 'Constitutional Bombshell' High Court Dropped In Stern v. Marshall

Since the Supreme Court dropped its constitutional bombshell on the bankruptcy system last week in Stern v. Marshall , 2011 U.S. LEXIS 4791 (2011) (aka Anna Nicole Smith II), [ enhanced version available to lexis.comsubscribers / unenhanced version available from lexisONEFreeCaseLaw ] lots of people...

Professor Kenneth N. Klee Analyzes Supreme Court's Stern v. Marshall Ruling

In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. § 157 (b)(2)(C) because it gave non-Article III...