This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Petitioners contend that removal is permissible under 28 U.S.C. §1441 because the district court retained jurisdiction, and that the All Writs Act provides the proper vehicle for removal.
According to Alsobrook, petitioners note that the Second, Sixth, Seventh, and Eighth Circuits have approved the procedures they followed.
According to Bederman, respondent argues that the All Writs Act may not be relied upon to remove an otherwise unremovable case, emphasizing that Congress sets the limits of removal, including the requirement of original jurisdiction.
Background and question before the Court
According to Justice, the Court asked whether removal under §1441 is permissible when there was not complete diversity in the Louisiana suit.
According to Justice (unspecified), the Court also asked what would be wrong with the Eleventh Circuit saying, in substance, that the situation is the same.
What each side argues
Petitioners' Position
According to Petitioners, petitioners assert that the district court’s retained jurisdiction makes removal under §1441 proper.
Respondent's Position
According to Bederman, respondent contends that the All Writs Act may not be relied upon to remove an otherwise unremovable case, emphasizing that Congress defines the limits of removal, including the requirement of original jurisdiction.
What happened at oral argument
Justice asked whether removal under §1441 is permissible because there was not complete diversity in the Louisiana suit.
According to Petitioners, petitioners responded that the district court retained jurisdiction, making removal under §1441 proper, and that the All Writs Act is the proper vehicle, citing circuit precedent.
According to Alsobrook, petitioners further emphasized that the Second, Sixth, Seventh, and Eighth Circuits have approved the procedures they used.
According to Bederman, respondent warned that the All Writs Act cannot be used to remove an otherwise unremovable case, highlighting congressional limits on removal.
According to Justice (unspecified), justice asked what would be wrong with the Eleventh Circuit saying, in substance, that the situation is the same.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 7bbec81e2bbef76af5e4-r1-159f5b6059be291d.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.