Opinion in Chambers
ticularly when this Court recently held BCRA facially constitutional, McConnelll v. Federal Ellection Comm'n, 540 U.S. 93, 189–210 (2003), and when a unanimous three judge District Court rejected applicant's request for a preliminary injunction. See Turner Broadcasting, Inc. v. FCC, 507 U.S. 1301, 1302–1303 (1993) (Rehnquist, C. J., in chambers). The All Writs Act, 28 U.S.C. § 1651(a), is the only source of this Court's authority to issue such an injunction. That authority is to be used "'"sparingly and only in the most critical and exigent circumstances."'" Ohio Citizens for Responsible Energy, Inc. v. NRC, 479 U.S. 1312, 1313 (1986) (Scalia, J., in chambers) (quoting Fishman v. Schaffer, 429 U.S. 1325, 1326 (1976) (Marshall, J., in chambers)). It is only appropriately exercised where (1) "necessary or appropriate in aid of [our] jurisdictio[n]," 28 U.S.C. § 1651(a), and (2) the legal rights at issue are "indisputably clear," Brown v. Gilmore, 533 U.S. 1301, 1303 (2001) (Rehnquist, C. J., in chambers). Applicant has failed to establish that this extraordinary remedy is appropriate. Therefore, I decline to issue an injunction pending appeal in this case.
