3 ms·
The reason why you do not hear of courts issuing writs of mandamus against someone to compel them to take some private commercial action is because that is not
by singleshot_ 4y ago
The reason why you do not hear of courts issuing writs of mandamus against someone to compel them to take some private commercial action is because that is not what a writ of mandamus is.
A writ of mandamus obligates a government official do do his job. If a court wants to order “someone” (read: a citizen who is not a government official) to take some positive action they issue what is known as a positive injunction which is, as the name suggests, a type of injunction.
When a court issues a negative injunction, the enjoined party can say, “Look, I’m not doing it!” and the court still has to decide whether or not that is true, so I’m somewhat unclear of the nature of your argument against positive injunctions.
- Cupertino95014 4y agowhere do I say "private commercial action"? We're talking about government agencies, which a writ of mandamus CAN apply to.
- deleted 4y ago[deleted]