Ok, back to appellate geekdom: Do Bankruptcy Appellate Panels have mandamus power? Apparently, not, says a divided
Ninth Circuit panel today. (Why? Because the BAP isn't a court established by Congress, silly! So the All Writs Act doesn't apply, of course.) Judge Bybee writes separately to "emphatically" dissent; he says that the majority "neuters the BAP" and its “opinion is needless, wrong, and raises serious constitutional concerns with the separation of powers.” (K-Pop trivia: Does the
BAP know about
B.A.P?)
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"Oops. I guess I DON'T have the power." |