Charles R. Wilson

“ Adjudication on the merits is impossible if we do not grant the injunction.
Finally, I note that awarding an injunction is an equitable decision. We have broad powers to fashion a remedy in equity. We are required to balance the equities, and when we do, we should find that the gravity of the irreparable injury Theresa Schiavo would suffer could not weigh more heavily in Plaintiffs' favor. In contrast, there is little or no harm to be found in granting this motion for a temporary injunction and deciding the full merits of the dispute. ”

“ The All Writs Act injunction is distinguished from a traditional injunction not by its effect, but by its purpose. To obtain relief under the All Writs Act, Plaintiffs need not satisfy the traditional four-part test associated with traditional injunctions "because a court's traditional power to protect its jurisdiction, codified by the act, is grounded in entirely separate concerns." Id. However, Plaintiffs must show that "some ongoing proceeding . . . is being threatened by someone else's action or behavior." ”

“ The qualities of mercy and practicality have made equity the instrument for nice adjustment and reconciliation between the public interest and private needs as well as between competing private claims. ”