Law360, New York ( August 22, 2011, 12:25 PM EDT) -- In the wake of Northern Pipeline,[1] Chief Justice Warren Burger led the opposition to giving bankruptcy judges Article III powers.[2] Now, Chief Justice John Roberts' opinion in Stern v. Marshall — striking down as unconstitutional Congress' grant to bankruptcy courts in 28 U.S.C. §157(b)(2)(C) of jurisdiction to hear state-based counterclaims — must seem to bankruptcy judges as having added insult to injury....
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