Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28, 4 (2002)

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Cite as: 537 U. S. 28 (2002)

Opinion of the Court

The Court of Appeals for the Eleventh Circuit affirmed the sanctions but vacated the District Court's order dismissing the Henson action. Henson v. Ciba-Geigy Corp., 261 F. 3d 1065 (2001). The court reasoned that § 1441 by its terms authorizes removal only of actions over which the district courts have original jurisdiction. But the All Writs Act authorizes writs "in aid of [the courts'] respective jurisdictions" without providing any federal subject-matter jurisdiction in its own right, see, e. g., Clinton v. Goldsmith, 526 U. S. 529, 534-535 (1999). Therefore, the Court of Appeals concluded, the All Writs Act could not support removal of the Henson action from state to federal court.

In so holding, the Court of Appeals recognized that several Circuits have held that the All Writs Act gives a federal court the authority to remove a state-court case in order to prevent the frustration of orders the federal court has previously issued. See, e. g., Xiong v. Minnesota, 195 F. 3d 424, 426 (CA8 1999); Bylinski v. Allen Park, 169 F. 3d 1001, 1003 (CA6 1999); In re Agent Orange Product Liability Litigation, 996 F. 2d 1425, 1431 (CA2 1993). It noted, however, that other Circuits have agreed with its conclusion that the All Writs Act does not furnish removal jurisdiction. See, e. g., Hillman v. Webley, 115 F. 3d 1461, 1469 (CA10 1997). We granted certiorari to resolve this controversy, 534 U. S. 1126 (2001), and now affirm.

The All Writs Act, 28 U. S. C. § 1651(a), provides that "[t]he 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." Petitioners advance two arguments in support of their claim that removal of the Henson action was proper under the All Writs Act: (1) The All Writs Act authorized removal of the Henson action, and (2) the All Writs Act in conjunction with the doctrine of ancillary enforcement jurisdiction authorized the removal. We address these contentions in turn.

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