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Apple to argue First Amendment rights in FBI decryption battle
The substantive portion of the All Writs Act of 1789 states that: “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and and agreeable to the usages and principles of law.”
Notice that the Act's application must be compatible with the principles of existing law. A law passed in 1865 invalidates that portion of the All Writs Act that would have allowed courts to force Apple to do work in support of government objectives. It reads: “Neither slavery nor involuntary servitude, except as a punishment of crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
When Apple finally reaches the ultimate jurisdiction responsible for applying and defending principles of the Constitution, the rights established under the 13th Amendment will result in a majority opinion favoring Apple, until such time as Apple is found guilty of a crime and is punished by being force to cough up a modified operating system.