The New Adverse-Party Rule Confronts Judicial Practice

Abstract

This chapter describes the conflicts that arose as the new case-or-controversy requirement came to be seen as in conflict with the broad range of uncontested proceedings that had formed a traditional part of nineteenth-century federal practice. Courts, scholars, and litigants have questioned the power of federal courts to hear bankruptcy proceedings, petitions for naturalized citizenship, applications to approve testimonial immunity, warrant proceedings, petitions for habeas corpus relief, and a range of other matters. So far, at least, the U.S. Supreme Court has been reluctant to deploy its case-or-controversy rule to upset established forms of proceeding.