Cite as: 539 U. S. 69 (2003)
Rehnquist, C. J., dissenting
a tribunal having jurisdiction to determine it." Yakus v. United States, 321 U. S. 414, 444 (1944); Johnson, 520 U. S., at 465. See also Cotton, 535 U. S., at 631-633 (applying plain-error review to a claimed violation of Apprendi v. New Jersey, 530 U. S. 466 (2000)); Plaut v. Spendthrift Farm, Inc., 514 U. S. 211, 231 (1995) ("[T]he proposition that legal defenses based upon doctrines central to the courts' structural independence can never be waived simply does not accord with our cases"); Commodity Futures Trading Comm'n v. Schor, 478 U. S. 833, 848-849 (1986) ("[A]s a personal right, Article III's guarantee of an impartial and independent federal adjudication is subject to waiver, just as are other personal constitutional rights that dictate the procedures by which civil and criminal matters must be tried").
Assuming, arguendo, that petitioners could satisfy the first three elements of the plain-error inquiry, see Olano, 507 U. S., at 732; supra, at 84-85, their constitutional claim fails for the same reason as does their statutory claim: Petitioners have not shown that the claimed error seriously affected the fairness, integrity, or public reputation of judicial proceedings. See supra, at 85. I would therefore affirm the judgment of the Court of Appeals.
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