The Anti-Injunction Statute Reconsidered

Redish, Martin H.

Journal: University of Chicago Law Review

Volume: 44

Year: 1977

Bluebook Citation: 44 U. CHI. L. REV. (1977)

Author: Martin H. Redish: all 68 publications


Abstract

The anti-injunction statute prohibits federal courts from enjoining state court proceedings unless such an injunction is "expressly authorized" by act of Congress, is "necessary in aid" of a federal court's jurisdiction, or is necessary to "protect or effectuate" a federal judgment. In this article, Professor Redish examines the leading decisions interpreting the statute, and argues that the courts have construed the "expressly authorized" exception too expansively and the "in aid" exception too narrowly. He advocates adoption of a broader construction of the "in aid of jurisdiction" exception that would better accommodate the competing claims of state and federal courts to independence within our system of judicial federalism.

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