All Writs Act (28 U.S.C. § 1651)
“The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”
Key Uses
- Mandamus (In re Starlink Corn Products Liability Litigation): courts issue writs of mandamus to correct clear abuses of discretion by lower courts, but only in exceptional circumstances
- Prohibition: to prevent a court from exercising jurisdiction it lacks
- Certiorari: extraordinary review
- Injunctions: to protect or effectuate judgments (limit on relitigation by parties who had opportunity to be heard)
Mandamus Standard
Three-part test:
- Petitioner has a clear and indisputable right to the relief sought
- The respondent has a clear duty to act
- No other adequate means exist to attain the desired relief
Used sparingly — mandamus is not a substitute for appeal; it is reserved for situations where a district court has plainly exceeded its jurisdiction or acted in clear error.
Limitation: Anti-Injunction Act (§ 2283)
The All Writs Act cannot be used to circumvent the Anti-Injunction Act (28 U.S.C. § 2283); federal courts cannot enjoin state court proceedings except as expressly authorized by statute or where necessary to protect or effectuate federal court judgments.