need about 800 'Alitos' on our Federal benches
"Alito continued to note that the Supreme Court issued this decision, though it was “not clear that the Court had jurisdiction.”
“The All Writs Act does not provide an independent grant of jurisdiction,” Alito continued. “See 28 U.S.C. §1651(a) (permitting writs ‘necessary or appropriate in aid of’ a court’s jurisdiction);
Clinton v. Goldsmith, 526 U.S. 529, 534-535 (1999) (‘the express terms’ of the All Writs Act ‘confine the power of [a court] to issuing process ‘in aid of’ its existing statutory jurisdiction; the Act does not enlarge that jurisdiction’ (quoting §1651(a)).”
Alito added that it was also “questionable whether the applicants complied with the general obligation to seek emergency injunctive relief in the District Court before asking for such relief from an appellate court.”
“When this Court rushed to enter its order, the Court of Appeals was considering the issue of emergency relief, and we were informed that a decision would be forthcoming,” Alito added. “This Court, however, refused to wait.”
Alito continued: