# Emily Murphy and a Writ of Mandamus

**URL:** <https://boards.straightdope.com/t/emily-murphy-and-a-writ-of-mandamus/925896>\
**Category:** Politics & Elections\
**Created:** [November 18, 2020, 3:29pm UTC](https://boards.straightdope.com/t/emily-murphy-and-a-writ-of-mandamus/925896 "2020-11-18T15:29:03Z")\
**Posts on this page:** 5\
**Page:** 3

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [November 20, 2020, 4:23pm UTC](https://boards.straightdope.com/t/emily-murphy-and-a-writ-of-mandamus/925896/41 "2020-11-20T16:23:40Z")

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> [@Melbourne](#):
>
> She’s an employee of the executive government, Trump is president, and will continue to be so until January 20th. She has a moral, democratic and legal duty to follow the directions of executive government.

This is a fundamental misunderstanding of our system. She has a moral, democratic, and legal duty to follow the directions _of the legislative branch_, as expressed in law. So does every other member of the executive branch in all matters covered by law. Including the president.

Trump, as head of the executive branch, should be doing that: he should be carrying out the laws passed by the legislative branch. His failure to do so does not impose a duty on the rest of the executive branch to fail in a similar fashion.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [November 20, 2020, 5:08pm UTC](https://boards.straightdope.com/t/emily-murphy-and-a-writ-of-mandamus/925896/42 "2020-11-20T17:08:53Z")

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Yes. Her boss is Trump but her employer is the American people.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [November 20, 2020, 5:52pm UTC](https://boards.straightdope.com/t/emily-murphy-and-a-writ-of-mandamus/925896/43 "2020-11-20T17:52:54Z")

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> [@ShadowFacts](#):
>
> But you are hardly the first person to bend the facts to suit their preferred narrative.

Moderating: Tone it down, both of you. No warning issued.

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**Author:** ![ShadowFacts](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shadowfacts/32/2934_2.png) [@ShadowFacts](https://boards.straightdope.com/u/ShadowFacts)\
**Post date:** [November 20, 2020, 6:00pm UTC](https://boards.straightdope.com/t/emily-murphy-and-a-writ-of-mandamus/925896/44 "2020-11-20T18:00:11Z")

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Sorry about that - I apologize.

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [November 21, 2020, 2:18am UTC](https://boards.straightdope.com/t/emily-murphy-and-a-writ-of-mandamus/925896/45 "2020-11-21T02:18:16Z")

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> [@Jimmy\_Chitwood](#):
>
> What’s the argument that that “shall” actually imposes any relevant obligation on Murphy, though? […] nobody would argue that any of that language requires that she have made an ascertainment by November 20, 2020.

I thought I had something originally, but I noticed (as you point out) that the law lets her ascertain the President-elect and Vice-President-elect.

> [@Max\_S](#):
>
> ETA: But then there's section 3(c)

~Max

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