In Re Raymond Clay and Scott Clay, D/B/A the Emporium

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Raymond and Scott Clay want a jury trial, but not in bankruptcy court. The Clays seek a writ of mandamus to prevent the bankruptcy court from conducting a jury trial in various core proceedings. The argument is that Congress cannot constitutionally empower non-Article III bankruptcy judges to hold jury trials without the parties’ consent. Because the applicable statute may fairly be read as not granting such authority, we say only that such a congressional effort would be dubious at best.

The trustee for the bankruptcy estate of Heeleo Corporation filed a…