Blausey v. U.S. Trustee

GORSUCH, J., Circuit Judge,

dissenting:

I admire and agree with the court’s thoughtful treatment of the merits of this case. Before reaching the merits, however, I would dismiss this appeal for lack of jurisdiction. The Blauseys’s argument that we may entertain their appeal, even if ultimately to reject it, runs afoul of the Supreme Court’s directions about the respect due statutory limits on our jurisdiction and exacerbates a circuit split.

The Blauseys have not complied with unambiguous statutory preconditions to appeal. For an appeal, like this one, arising under 28 U.S.C. § 158(d)(2)(A),…