Enough With the Transition Obstruction: Biden Should Seek Mandamus to Compel Certification.

[634-5789]

Biden needs to go on the offensive. Fortunately, there is a simple judicial remedy: Biden’s team should file an action for mandamus in the Federal District Court for the District of Columbia. 28 U.S. Code § 1361 gives federal district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” Mandamus is an order from a court to a government officer ordering her to fulfill her official duty — in this case, certifying Biden as the apparent President-elect. This is a perfect case for mandamus, as it applies in the case of a clear duty. You can’t use mandamus to require a federal official to decide a discretionary act in a particular manner, but it does apply in a case like this, where the decision is cut and dried and under long historical precedent has always been treated as a formality.

The lawsuit could be drafted and filed overnight — hell, I’d volunteer to do it if Biden asked. And it could be accompanied by a motion for expedited hearing, given the emergency nature and public importance of the issue. As Biden himself said, the failure to commence formal transition proceeding means more people will die.

https://www.dailykos.com/stories/2020/11/18/1996569/-Enough-With-the-Transition-Obstruction-Biden-Should-Seek-Mandamus-to-Compel-Certification

[Doodley]

1. I hope that happens. We can't just sit back and lose our country.

[dhill926]

2. I don't even play a lawyer on tv...

but this seems like a good idea...