Thread by @RMFifthCircuit

I have an interest in what to do if a trial court just... doesn't rule. For whatever reason I've consulted on many of these situations. Just happenstance. We have a new mandamus petition on this issue arising out of Sd Miss. today. Here is counsel's dilemma - #AppellateTwitter

One question that always comes up is whether to bring up the judge's other delayed rulings (if you're in the position of complaining, surely it's because the judge is behind, not that they're ignoring *you*). Here is the answer these Petitioners chose. /2

Another perennial question - how do you nod to the fact that you *really* don't want to be doing this? /3

And finally, what do you tell the district judge about the whole thing. Here, counsel did what I think is more or less the gold standard. Ask sadly for a ruling, then ask + note that you will be compelled to seek mandamus. (even this will often make the judge mad, tbc) /4

I've no idea what factors pushed these lawyers to seek relief now. I have nothing to do with the case. But I will say that it's one of the hardest strategy decisions - delay isn't costless but on the other hand one of these mandamuses is a full-bore gauntlet across the face.

One clarification: when I said "we" in tweet #1, I meant all of us, not my firm or me or anyone that has anything to do with me. I just found this on PACER.

Oh, one more thing: relief. The Fifth Circuit, if it is persuaded that the delay is unjust, usually issues the "grumpy denial."

Viz: "We deny relief, but are confident that the learned district judge will resolve these motions expeditiously/within 30/60 days/ASAP"

Quick update: the Fifth Circuit asked for a response last night. That doesn't mean they will grant relief (at all!). But it means someone has noticed the mandamus and will look into it.