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§ 2283. —  Stay of State court proceedings.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 28USC2283]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
              CHAPTER 155--INJUNCTIONS; THREE-JUDGE COURTS
 
Sec. 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.

(June 25, 1948, ch. 646, 62 Stat. 968.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 379 (Mar. 3, 1911, ch. 
231, Sec. 265, 36 Stat. 1162).
    An exception as to acts of Congress relating to bankruptcy was 
omitted and the general exception substituted to cover all exceptions.
    The phrase ``in aid of its jurisdiction'' was added to conform to 
section 1651 of this title and to make clear the recognized power of the 
Federal courts to stay proceedings in State cases removed to the 
district courts.
    The exceptions specifically include the words ``to protect or 
``effectuate its judgments,'' for lack of which the Supreme Court held 
that the Federal courts are without power to enjoin relitigation of 
cases and controversies fully adjudicated by such courts. (See Toucey v. 
New York Life Insurance Co., 62 S.Ct. 139, 314 U.S. 118, 86 L.Ed. 100. A 
vigorous dissenting opinion (62 S.Ct. 148) notes that at the time of the 
1911 revision of the Judicial Code, the power of the courts, of the 
United States to protect their judgments was unquestioned and that the 
revisers of that code noted no change and Congress intended no change).
    Therefore the revised section restores the basic law as generally 
understood and interpreted prior to the Toucey decision.
    Changes were made in phraseology.



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