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Judiciary committee advances SB21 after heated debate over writs of mandamus and separation of powers

Senate Judiciary Committee
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

SB21 would allow a legislative leader and an executive leader to jointly vacate a writ of mandamus. Sponsors framed it as a narrow fix after a disputed case; opponents including the State Bar, ACLU and judicial‑independence advocates warned it would erode checks and balances. The committee voted to give SB21 a do‑pass recommendation.

Sen. Barry Usher presented Senate Bill 21 as a narrowly tailored mechanism to vacate writs of mandamus in rare circumstances, recounting the dispute over Senate Bill 442 where he said the court ordered actions that could not be carried out. "Writ of mandamus is somebody who actually wrote in to me saying that, we can't do this," he said, and described the measure as allowing one legislative leader and one executive leader (a senate president or speaker plus the governor or attorney general) to sign a letter vacating a writ's…

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