Also known as: mandates · mandated · mandating · mandatum · mandatary · mandator · mandatarius · mandant · mandans · mandatee · mandatory · contract of mandate
Written by attorneys · grounded in primary & secondary sources — see below
An order from an appellate court directing a lower court to take a specified action.
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State officials enact a statute requiring sterilization of repeat offenders. Mason McCarthy, convicted under the statute, petitions for relief. The Supreme Court issues a mandate to the trial court vacating the sterilization order because the statute violates fundamental rights under the Equal Protection Clause and substantive due process.
A state bar rule bans illustrations in attorney ads but permits contingent-fee statements only if accompanied by a clarifying disclaimer. Megan Moore, a personal-injury lawyer, runs an ad without the disclaimer. The court issues a mandate directing the bar to permit the ad with the required disclosure because the disclaimer prevents deception in commercial speech.
William Marbury receives a signed commission as justice of the peace but the Secretary of State refuses delivery. Marbury seeks a writ of mandamus in the Supreme Court. The Court dismisses the petition because the statute granting original jurisdiction exceeds constitutional limits.
East Cleveland zoning rules limit occupancy to nuclear families, preventing Inez Moore from living with her grandson. Moore challenges the ordinance. The Court issues a mandate striking the restriction because it burdens the fundamental right to live with extended family under substantive due process.
The Special Prosecutor subpoenas Oval Office tapes for a criminal trial. President Nixon claims executive privilege. The Court issues a mandate directing production of the tapes because the privilege yields to the needs of the criminal justice process.
State officials refuse marriage licenses to same-sex couples under existing statutes. Plaintiffs sue for recognition of their marriages. The Court issues a mandate requiring states to license and recognize same-sex marriages because the fundamental right to marry extends equally to all persons.
An appellate mandate directs the lower court to take a specified action such as entering judgment, conducting further proceedings, or dismissing a claim. The lower court must comply with the terms of the mandate.
…Supreme Court's original jurisdiction beyond that which the Constitution permits is repugnant to the Constitution and void. The mandate of the Judiciary Act giving the Supreme Court original jurisdiction to issue writs of mandamus to public officers attempts to confer jurisdiction that the Constitution does not permit the…