Draft:Equity power of United States courts

Under Article III of the United States Constitution, the judicial power of the United States extends to cases "in law and equity".

Before the Constitution
Equity (also sometimes known as chancery to distinguish other definitions of "equity") is the body of jurisprudence originating from the Court of Chancery of England. It primarily supplements defects of the common law. For example, common-law courts would generally only impose money damages, whereas equitable remedies, most notably injunctive relief, normally compel a person to do something or refrain from doing something – with disobedience being punishable as contempt.

Before the founding of the United States, equity was still solidifying into a coherent body of jurisprudence.

The thirteen colonies made limited use of courts of equity, and equitable power was controversial.

Early United States
Under Article III of the United States Constitution, the judicial power of the United States extends to cases "in law and equity".

Cite Funk.

Labor injunctions
In re Debs (1895)

Norris-LaGuardia Act

Cite Bamzai.

Rename section to cover Ex parte Young (1908)?

Cover limits on "political" injunctions. Cite Kull.

After Erie
Erie Railroad Co. v. Tompkins (1938)

Guaranty Trust Co. v. York (1945)

New equity
Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc. (1999)

Maybe ERISA cases on equitable relief

Maybe Liu v. SEC (2020)

Preliminary injunctions
Winter v. Natural Resources Defense Council (2008)

Permanent injunctions
eBay Inc. v. MercExchange, L.L.C. (2006)

Works (to be) cited

 * Kellen R. Funk, The Union of Law and Equity: The United States, 1800-1938, in, (John C.P. Goldberg, Henry E. Smith & P.G. Turner eds., 2019).
 * Kellen R. Funk, The Union of Law and Equity: The United States, 1800-1938, in, (John C.P. Goldberg, Henry E. Smith & P.G. Turner eds., 2019).
 * Kellen R. Funk, The Union of Law and Equity: The United States, 1800-1938, in, (John C.P. Goldberg, Henry E. Smith & P.G. Turner eds., 2019).
 * Kellen R. Funk, The Union of Law and Equity: The United States, 1800-1938, in, (John C.P. Goldberg, Henry E. Smith & P.G. Turner eds., 2019).

Unsorted content
"We have enjoyed something of an equity renaissance in recent years. The Supreme Court has been busy, fashioning a body of federal equity law for application to a diverse array of problems."