Ricochet is the best place on the internet to discuss the issues of the day, either through commenting on posts or writing your own for our active and dynamic community in a fully moderated environment. In addition, the Ricochet Audio Network offers over 50 original podcasts with new episodes released every day.
Twists and Turns in Flynn
Like most appellate lawyers in this country, I have been following the Flynn saga in the DC Circuit. I was disheartened at them granting the order for en banc review. I believed the mandamus was proper and should have issued.
For those of you who are not law nerds, an order in mandamus is an order from a superior court to a lower court telling that court to do something it has an absolute duty to do. You cannot establish a duty through mandamus, you can only enforce a duty. So, unless there was a clear, existing right to the relief sought (dismissal) mandamus would have been inappropriate. The original writ court found that there was such a right. The en banc review cast a shadow on that determination.