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Sponsor seeks power to vacate mandamus writs after disputed court order; opponents warn of separation‑of‑powers risk

House Judiciary · March 20, 2025
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Summary

Senate Bill 21 would let a state executive officer (governor or attorney general) and a legislative leader (senate president or speaker) jointly move to vacate a writ of mandamus directed at statewide officials. Sponsor cites a disputed writ after a veto as motivating example; opponents said the proposal risks nullifying court enforcement and the initiative process.

Sen. Barry Usher introduced Senate Bill 21, which would permit a paired executive and legislative leader (for example, the governor plus attorney general and the speaker or senate president) to jointly petition to vacate a writ of mandamus directed at a statewide official. Usher framed the bill in light of a specific recent dispute (the Senate Bill 442 controversy) in which courts ordered a poll…

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