|"Oops. I guess I DON'T have the power."|
Friday, March 25, 2016
Does the BAP have Mandamus Power?
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?)