Thus where, as here, the mandamus petition alleges the erroneous deprivation of a jury trial, the Bauman factors are inapplicable and “the only question presented . . . is whether the district court erred in denying petitioner’s request for a jury trial.” Mondor, 910 F.2d at 586. Furthermore, we may issue the writ even if “the petitioner is unable to show a ‘clear and indisputable’ right” to it. Wilmington Trust, 934 F.2d at 1028.
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So much for Left Coast anomalies. Out on the Right Coast over at SCOTUS, click here for a guide to the record-breaking 139 amicus briefs filed in the same-sex marriage cases.