§ 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]
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
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.