You Be the Judge: The Dispute Between Apple and The FBI/DOJ

Under the Constitution, the federal courts are courts of “limited jurisdiction,” which essentially means that, in the absence of a specifically delineated judicial power provided under the Constitution or federal law, the federal courts have no authority to grant relief to a petitioning party, no matter how dire the circumstance or the need for the relief requested. But there is a statute – the All Writs Act (“AWA”) – that has been on the books for over two centuries and that has been a source of controversy and debate over precisely what is meant by the concept of limited jurisdiction, particularly when matters are brought before the court that arguably raise matters of national security. Under the AWA, “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.” 28 U.S.C. § 1651(a). This relatively simple and short statutory phrase, which the United States Supreme Court has described as “a residual source of authority to issue writs that are not otherwise covered by statute,” has proven to be a fertile ground for litigation, most recently in the San Bernardino massacre.