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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-31-07 10:57 AM
Original message
Constitutional experts and lawyers at DU:
I was looking at possible legal angles to try and stop rendition flights out of my state. I want to know your opinion on two angles.

Angle 1: The writ of Mandamus
http://en.wikipedia.org/wiki/Mandamus#State_courts

Angle 2: The laws of incorporation in a state whereby the entity is engaging in illegal activities.

Either one show promise?
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-31-07 10:59 AM
Response to Original message
1. Mandamus is appropriate for making a government official
do the job that s/he has a duty to perform. I don't think it can be used as an injunction (by which device I think your problem should be initially resolved).
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-31-07 11:05 AM
Response to Reply #1
2. By what reason can a judge be persuaded
to enter an injuction in this case and wouldn't a suit of some sort have to follow?
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-31-07 11:20 AM
Response to Reply #2
3. I'm theorizing that an injunction stops a government body from
Edited on Wed Jan-31-07 11:21 AM by no_hypocrisy
action whereas mandamus coerces the same agency to act as the law mandates.

You stated that you wanted to stop rendition flights. That's why I thought of an injunction. However, I'm uncertain about you having "standing" to initiate the suit.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-31-07 08:34 PM
Response to Reply #3
4. Then maybe Mandamus applies since this violates the constitution
as well as state statutes?
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