Jody Ann Geras v. Lafayette Display Fixtures, Inc., United States of America, Intervenor-Appellee

Although impressed by the unbroken phalanx of opposing authority in our sister circuits, and by my brethren's reasoning, I cannot repress my conviction that 28 U.S.C. § 636(c), especially in allowing magistrates to preside and enter judgment in diversity cases (provided only that the parties consent to trial by magistrate), violates the Constitution.

Article III, section 1 vests “the judicial Power of the United States ... in one supreme Court, and in such inferior Courts as the Congress may from time to time *1046ordain and establish,” and it also provides that “the Judges, both of the supreme and…