Who has standing to file a Writ of Mandamus?

Man, damn us, nice ring to it.

I'm thinking one should be filed in an attempt to have Nancy turn loose John Conyers, or form a special committee to draft articles of impeachment.

How does one accomplish that?

-Hoot

Impeachment is at the discretion of the House. Sorry.

If Bush refuses to leave office in 2009( :eyes: ), the duly elected successor would have standing to sue for a writ of mandamus to force Bush out.

Even if one could make a compelling argument to say that impeachment is necessary if there have been high crimes and misdemeanors (most scholarship I've read says it's the remedy available, but it's not mandatory -- Congress has the right to do nothing, just as a prosecutor has the right not to press charges)...standing would be hard. General taxpayer/citizen suits are not usually allowed. How are you (or whoever tries to bring the case) actually injured? Yes, your taxes are going to keep a criminal in the White House, yes, it's embarrassing, but these are not enough.

You'd need to find someone who is actually being personally harmed by Bush remaining unimpeached, beyond just being a citizen/taxpayer. Otherwise the injury is just too diffuse. (See Frothingham v. Mellon; Sierra Club v. Martin.)

However...even if someone could be found who has standing, this would probably be thrown out as a political question. Impeachment belongs to the House, period, and the Court isn't going to get involved in business Constitutionally belonging to the other branches. (See Baker v. Carr.)

the courts, particularly the SCOTUS, will not get involved because they want to continue with their ideology for their own sake and interests. But, I can see even JP Stevens arguing what you say above in the best interest of the republic.

it's nice to see some real legal thinking here.