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no_hypocrisy

(48,778 posts)
Wed Nov 20, 2024, 07:06 AM 22 hrs ago

Under Trump, could a legal action for Writ of Mandamus be used

to force an agency to do its job?

Example: the Office overseeing Medicare cuts benefits by 50% despite funding being available.

Could a Medicare beneficiary/group of beneficiaries/organization (e.g., AARP) sue that office to compel it to do its statutory duties?

Writ of Mandamus was the device used in Marbury v. Madison, when Jefferson refused to seat an individual to his office, appointed by outgoing President John Adams. SCOTUS made Jefferson seat him.

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist. Court For D.C. (2004). According to the U.S. Department of Justice, "Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance."
https://www.law.cornell.edu/wex/mandamus#:~:text=A%20(writ%20of)%20mandamus%20is,United%20States%20Dist.

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Under Trump, could a legal action for Writ of Mandamus be used (Original Post) no_hypocrisy 22 hrs ago OP
There will be lots of those attempted FBaggins 21 hrs ago #1
Perhaps with the benefit of "stays" to freeze the deleterious actions. no_hypocrisy 21 hrs ago #2
Thanks, Captain Obvious NJCher 21 hrs ago #4
If Trump tries to cut Medicare benefits in half he'll have a lot more to worry about than a Writ of Mandamus. sop 21 hrs ago #3

FBaggins

(27,695 posts)
1. There will be lots of those attempted
Wed Nov 20, 2024, 07:26 AM
21 hrs ago

Just remember that those have to go through the federal court system and they control the top of that pyramid

no_hypocrisy

(48,778 posts)
2. Perhaps with the benefit of "stays" to freeze the deleterious actions.
Wed Nov 20, 2024, 07:32 AM
21 hrs ago

And we all know how slow the pace of the judiciary is.

Unless SCOTUS can find an "exception" not to apply WOM, it will essentially overrule the bedrock of the American Judiciary, Marbury v. Madison, perhaps imperiling simultaneously the principle that only the U.S. Supreme Court and lower courts can interpret The Constitution.

sop

(11,176 posts)
3. If Trump tries to cut Medicare benefits in half he'll have a lot more to worry about than a Writ of Mandamus.
Wed Nov 20, 2024, 07:36 AM
21 hrs ago

Lobbyists for the entire Medical Industrial Complex in this country would put tremendous pressure on Congress to stop it.

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