Nano Magic Inc. (NMGX)

[pqr]

A quote from a recent mandamus case involving criminal procedural issues: A “writ of mandamus should issue only if: (1) “the party seeking issuance of the writ [has] no other adequate means to attain the relief he desires”; (2) “the petitioner [satisfies] the burden of showing that his right to issuance of the writ is clear and indisputable”; and (3) “the issuing court, in the exercise of its discretion, [is] satisfied that the writ is appropriate under the circumstances.” Cheney, 542 U.S. at 380–81
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In the NMGX application the company is asking for an order directing another branch of government, the executive branch, to do something. So, since NMGX’s application implicates “the separation of powers [doctrine], the Court of Appeals must also ask [whether issuance of a writ would] constitute[] an unwarranted impairment of another branch in the performance of its constitutional duties.” Cheney, 542 U.S. at 390.