Equitable Remedies & Restorative Focus. Equity concerns the Court’s **discretionary, context-sensitive remedies**—injunctions, stays, specific performance—guided by fairness, **proportionality**, and the balance of hardships. Though not an interpretive theory, equity shapes **outcomes** once rights are declared.
# Core commitments - **Remedial tailoring**: fit the remedy to the harm. - **Four-factor tests** for permanent and preliminary injunctions (likelihood of success, irreparable harm, balance of equities, public interest). - **Restorative orientation** where appropriate: repair harm, deter future violations without unnecessary collateral damage.
# Methods & tools - Fact-sensitive balancing; conditions on relief; time-limited or partial remedies. - Respect for **equitable defenses** (laches, unclean hands).
# Strengths claimed - **Practical justice**: avoids overbroad or under-protective outcomes. - **Flexibility** to manage complex disputes.
# Common critiques - **Discretion risk**: inconsistent applications across panels or cases. - **Uncertainty**: parties may struggle to predict relief.
# Close contrasts - Complements, rather than replaces, interpretive methods like Textualism or Originalism by addressing **what to do** after the law’s meaning is set.