A Writ of Mandamus is :
A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation , Municipal Corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.
Emily Murphy is the Trump-appointed Administrator of the General Services Administration. One of her duties is to “ascertain” that there is a presumptive winner of a presidential election, and authorize the beginning of the transition to the president-elect. This action by her does not make that person the winner. It doesn’t certify any votes, whether or not they are in dispute. All this does is allow the transition to the presumptive president-elect to begin.
Ms. Murphy has so far refused to perform this duty.
I have several questions, and I’m hoping the more legal-scholarly among us can shed some light:
I assume Joseph Biden, having been declared the presumptive winner by several reputable news agencies, has standing to sue Ms. Murphy in Federal court with the intent of having a WoM issued. Is this a correct assumption? Does he have standing? Does he have standing before Dec 14 when the Electors officially vote? Is suing her personally how this process would work?
Does anyone else have standing? Do I, as Joe Citizen as an individual who is being harmed by Ms. Murphy’s continued refusal to perform her legally-mandated duties, have standing to sue?
Assuming Biden sues and prevails and a judge issues a WoM, are there any legal remedies if she continues to refuse? Can she be held in contempt? If she’s held in contempt, can she be jailed until such time as she complies?