Equity in United States v. Texas, Part 2
I’ve begun a series of posts on equity in United States v. Texas. (The first post was here, and if you need a quick primer on what equity is, go here.) This will be the first of two posts on Grupo Mexicano. It’s a Supreme Court case from the 1990s that says that the equitable jurisdiction of the federal courts is the jurisdiction of the English Court of Chancery (because of the Judiciary Act of 1789). Therefore, the Court concluded, the remedy requested by the plaintiff—a preliminary injunction to freeze the defendant’s assets, sometimes called a Mareva injunction—could not be issued by federal courts.
That decision was bitterly contested, with Scalia writing for the five-justice majority and Ginsburg writing a vigorous dissent. The Scalia opinion isn’t perfect. Among other things, it takes a legislature-first approach to equity that is a bit mind-boggling given that the equity is not a
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