Abstract

http://ssrn.com/abstract=2268770
 


 



The Anti-Injunction Act and the Problem of Federal-State Jurisdictional Overlap


James E. Pfander


Northwestern University School of Law

Nassim Nazemi


Northwestern University School of Law

May 22, 2013

Texas Law Review, Forthcoming
Northwestern Public Law Research Paper No. 13-18

Abstract:     
Ever since Congress decided in 1789 to confer jurisdiction on lower federal courts over matters that the state courts could also hear, the nation has faced the problem of how to allocate decision-making authority between the two court systems. Central to this body of concurrency law, the federal Anti-Injunction Act of 1793 (AIA) was enacted to limit the power of the federal courts to enjoin state court proceedings. Justice Felix Frankfurter decisively shaped our understanding of those limits, concluding in Toucey v. New York Life Insurance Company that the statute absolutely barred any such injunction. Much of the law of federal–state concurrency has been predicated on Toucey’s account.

In this Article, we offer a new account of the AIA that challenges prior interpretations. Rather than a flat ban on injunctive relief, we show that the AIA was drafted against the backdrop of eighteenth century practice to restrict “original” federal equitable interference in ongoing state court proceedings but to leave the federal courts free to grant “ancillary” relief in the nature of an injunction, to protect federal jurisdiction and to effectuate federal decrees. It was this ancillary power that gave rise to the exceptions that Toucey decried and Congress restored in its 1948 codification.

We draw on our new account of the 1793 and 1948 versions of the Act to address current problems of jurisdictional overlap. Among other things, we raise new questions about the much-maligned Rooker-Feldman doctrine; offer a new statutory substitute for the judge-made doctrine of equitable restraint; and suggest new ways to harmonize such abstention doctrines as Burford and Colorado River. Curiously, answers to these (and other) puzzles were hiding in the careful decision of the 1793 drafters to restrict only the issuance of “writs of injunction” and otherwise to leave federal equitable power intact.

Number of Pages in PDF File: 74

Keywords: law and equity, anti-suit injunction, equitable restraint, abstention, Rooker-Feldman

JEL Classification: K10, K19, K40, K49

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Date posted: May 23, 2013 ; Last revised: November 19, 2013

Suggested Citation

Pfander, James E. and Nazemi, Nassim, The Anti-Injunction Act and the Problem of Federal-State Jurisdictional Overlap (May 22, 2013). Texas Law Review, Forthcoming; Northwestern Public Law Research Paper No. 13-18. Available at SSRN: http://ssrn.com/abstract=2268770 or http://dx.doi.org/10.2139/ssrn.2268770

Contact Information

James E. Pfander (Contact Author)
Northwestern University School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
Nassim Nazemi
Northwestern University School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

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