Massachusetts Ex Rel. Department of Public Welfare v. Dartmouth House Nursing Home, Inc. (In Re Dartmouth House Nursing Home, Inc.)

The Supreme Court in Northern Pipeline held that “§ 241(a) of the Bankruptcy Act of 1978 has impermissibly removed most, if not all, of ‘the essential attributes of the judicial power’ from the Art. Ill district court, and has vested those attributes in a non-Art. Ill adjunct.” Northern Pipeline

Construction Co. v. Marathon Pipe Line Co., -U.S.-, 102 S.Ct. 2858, 2879-80, 73 L.Ed.2d 598 (1982). I agree with the conclusion of the majority of this Panel to the extent that “if Congress cannot constitutionally establish non-Article III courts to exercise jurisdiction over the wide range of issues…