Gary Ozenne v. Chase Manhattan Bank

BYBEE, Circuit Judge,

concurring in the judgment but vigorously disagreeing with everything else:

The All Writs Act provides that “[t]he Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C. § 1651(a). The majority holds that the Bankruptcy Appellate Panel may not issue 'writs of mandamus because it is not a “court[] established by Act of Congress.” Maj. Op. at 521-22. Oh, the majority is willing, I think, albeit begrudgingly, to admit that…