Anti-Injunction Act

The Anti-Injunction Act, usc|28|2283, is a United States federal statute that prohibits any federal court from issuing an injunction against proceedings in any state court, except within three specifically defined exceptions. The Act was enacted on March 2 1793 as Section 5 of the Judiciary Act of 1793, to alleviate states' fears of federal power.

The current language of the Act states:

:"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."

A great body of case law has grown with respect to the questions of what constitutes an express authorization; what is necessary in aid of jurisdiction; and what constitutes protection or effectuation of a judgment. Cases have also hinged on questions of what orders constitute an injunction by the federal court against the state court. The current form of the Act is found in the United States Code at usc|28|2283.

ee also

*Tax Anti-Injunction Act of 1867.