Roell v. Withrow — Thomas, J., Dissenting

Summary

Justice Thomas, joined by three Justices, dissents from the majority's interpretation of 28 U.S.C. § 636(c)(1). He would require express consent to the magistrate judge’s authority and to be given before proceedings commence. He further argues that a lack of such consent is a jurisdictional defect that courts of appeals must inquire into sua sponte.