Ex parte Bakelite Corp.
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| Ex parte Bakelite Corp. | |
|---|---|
 | |
| Decided May 20, 1929 | |
| Full case name | Ex parte Bakelite Corp. |
| Citations | 279 U.S. 438 (more) |
| Holding | |
| The United States Court of Customs and Patent Appeals was an Article I tribunal. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Van Devanter, joined by unanimous |
Overruled by | |
| Glidden Co. v. Zdanok | |
Ex parte Bakelite Corp., 279 U.S. 438 (1929), was a United States Supreme Court case in which the court held that the United States Court of Customs and Patent Appeals (CCPA) was an Article I tribunal.[1][2] In 1962, the Supreme Court overruled Bakelite in Glidden Co. v. Zdanok (1962), holding that this court is an Article III court.[2]
Bakelite argued using a writ of prohibition that the CCPA could not constitutionally hear an appeal from the Tariff Commission's findings about the improper importation methods of Bakelite's competitors. Bakelite asserted that the findings were not a "case or controversy" within the meaning of Article III and that the CCPA, being an Article III court, could not hear it for lack of jurisdiction.[2]
Opinion of the court
The Supreme Court issued an opinion on May 20, 1929.[1] By holding that the CCPA was an Article I court, it avoided the question of whether this case was about a "case or controversy" entirely; that part of the Constitution is irrelevant to Article I tribunals. The court could hear this appeal because Congress gave it the authority to do so in its authorizing statute.[2]
