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Syngenta Crop Protection v. Henson October 15, 2002 (01-757) return to case listing Case Summary This case concerns the removal authority of federal courts under the All Writs Act, 28 U.S.C. § 1651. The All Writs Act provides district courts the power to protect their jurisdiction: "The Supreme Court and all courts established b y 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." Under the Act, a district court has the authority to enjoin a party from prosecuting an action in contravention of a settlement agreement over which the district court has retained jurisdiction. The Circuits are split, however, as to whether a district court also has jurisdiction under the All Writs Act over an action removed under § 1441. In this c ase, the Eleventh Circuit held that the lower district court improperly exercised jurisdiction under the All Writs Act when the case had been removed pursuant to § 1441. Because § 1441 only authorizes removal when the action could have originally been fi led in federal court, and the All Writs Act does not provide an independent basis of federal subject-matter jurisdiction, the court found the exercise of jurisdiction to be improper. The opinion below is at 261 F.3d 1065. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 9-0 to Affirm 9-0 to Affirm 7-2 to Affirm 9-0 to Affirm VOTING TO REVERSE Stevens O'Connor Souter Ginsburg Breyer Stevens Souter VOTING TO AFFIRM Rehnquist Scalia Kennedy Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer return to case listing