This is not an easy read, and at 50 pages, it might not be worthy of your time, unless you really want to parse through the factors the court considers in deciding whether the 200+ year-old All Writs Act authorizes a federal judge to force a private company to engage in activities that are not only contrary to the company’s ideals and mission, but also would result in diverting the company’s resources away from commercially prudent activities. United States Magistrate Judge James Orenstein goes through every argument in meticulous fashion, but ultimately holds that the relief requested by the government wasn’t permitted under the third prong of the AWA, which allows the issuance of writs so long as they are “agreeable to the usages and principles of law.” I conclude that in the circumstances of this case, the government’s application does not fully satisfy the statute’s threshold requirements: although the government…
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