Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Mandamus for trial scheduling neither justified nor prudent, as the statute only establishes that the court need give priority to the claim, and the court's offer of a trial prior to full discovery, as well as the petitioner's agreement to defer proceedings for arbitration, suffice to establish that the claim was being promptly addressed.
(Entire circuit recused, panel from outside.)
Considering the situation under the supervisory powers of the appellate court over the proceedings in the District Court, rather than under Due Process: the District Court did not evaluate the defendant's defense, make a finding as to the willfulness of the violation, or sufficiently explain the sentence in light of the parsimony principle and the sentencing statute.
In a Habeas class action seeking relief for immigration detainees in the current pandemic, supervisory Mandamus doesn't run because the lower court has not palpably erred; it has reduced the detainee population significantly. Advisory Mandamus doesn't run, since the determination of pandemic severity is a factual question, not a legal question, and since the population has been lowered, the balance between extraordinary circumstances and likely success doesn't need to be corrected.
As the general statutory grant of jurisdiction to review decisions is modified by a specific provision making the refusal to institute IPR nonreviewable, courts have no jurisdiction over the Director's delegated decision not to institute proceedings. Since the APA does not in itself create jurisdiction, an administrative challenge is similarly unavailable.
Even though Mandamus challenging the proceeding only runs from the Federal Circuit, as the sole court with sufficient prospective jurisdiction, as there is neither a clear and undisputable right to relief nor a colorable constitutional claim, nor historical precedent sufficient to justify a Due Process claim, the writ is unavailable here.