28 U.S.C. § 2283. Stay of state court proceedings

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28 U.S.C. § 2283. Stay of state court proceedings A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.

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28 U.S.C. § 2283. Stay of state court proceedings A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments. - PowerPoint PPT Presentation

Transcript of 28 U.S.C. § 2283. Stay of state court proceedings

Page 1: 28 U.S.C. § 2283.  Stay of state court proceedings

28 U.S.C. § 2283. Stay of state court proceedings

A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.

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Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

Page 3: 28 U.S.C. § 2283.  Stay of state court proceedings

Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

ACL seeks, but does not get, injunction

Page 4: 28 U.S.C. § 2283.  Stay of state court proceedings

Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

ACL seeks, but does not get, injunction

ACL seeks and gets injunction

Page 5: 28 U.S.C. § 2283.  Stay of state court proceedings

Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

ACL seeks, but does not get, injunction

ACL seeks and gets injunction

1969 Jacksonville Terminal finds federally protected right to picket

Page 6: 28 U.S.C. § 2283.  Stay of state court proceedings

Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

ACL seeks, but does not get, injunction

ACL seeks and gets injunction

1969 Jacksonville Terminal finds federally protected right to picket

BLE seeks to dissolve injunction

Page 7: 28 U.S.C. § 2283.  Stay of state court proceedings

Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

ACL seeks, but does not get, injunction

ACL seeks and gets injunction

1969 Jacksonville Terminal finds federally protected right to picket

BLE seeks to dissolve injunction

State court refuses

BLE seeks federal injunction against enforcement of state injunction

Page 8: 28 U.S.C. § 2283.  Stay of state court proceedings

Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

ACL seeks, but does not get, injunction

ACL seeks and gets injunction

1969 Jacksonville Terminal finds federally protected right to picket

BLE seeks to dissolve injunction

State court refuses

BLE seeks federal injunction against enforcement of state injunction

Granted, but court also grants stay pending cert. petition

Page 9: 28 U.S.C. § 2283.  Stay of state court proceedings

Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

ACL seeks, but does not get, injunction

ACL seeks and gets injunction

1969 Jacksonville Terminal finds federally protected right to picket

BLE seeks to dissolve injunction

State court refuses

BLE seeks federal injunction against enforcement of state injunction

Granted, but court also grants stay pending cert. petition

5th Circuit summarily affirms on parties’ stipulation

Page 10: 28 U.S.C. § 2283.  Stay of state court proceedings

Dates and Facts

State Court Federal Court Supreme Court

1967-BLE pickets Moncrief Yard

ACL seeks, but does not get, injunction

ACL seeks and gets injunction

1969 Jacksonville Terminal finds federally protected right to picket

BLE seeks to dissolve injunction

State court refuses

BLE seeks federal injunction against enforcement of state injunction

Granted, but court also grants stay pending cert. petition

5th Circuit summarily affirms on parties’ stipulation

1971 Supreme Court grants cert.