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#binding executive branch w mandamus; now this shouldnt happen but what if mandamus from two diff state courts
mourning-again-in-america
·
1 year
Text
Lo, what a beautiful world it should be had Marbury been a Takings Clause case
#i still dont really get the reasoning for the disposition >.>
#ik its 'congress doesnt have the power to give addl powers to the sup ct' (buut that makes the FISC sus)
#but assuming the madisonian compromise then suppose it was brought in a state court state court denies
#then as an appellate matter mandamus is sought in the sup ct and all is good yeah?
#except then you have a whole new kettle of fish for rules for a state ct iss
#binding executive branch w mandamus; now this shouldnt happen but what if mandamus from two diff state courts
#binds the executive in mutually contradictory ways? what is the proper behavior in the interim?
#god i hate that case.
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