District Court Can't Order Supreme Court to Consider Plaintiff's Application

Trackwell v. United States Government, 2007 WL 30035 (1/5/07) - A federal district court did not have authority under the mandamus statute, 28 U.S.C. § 1361, to order the Supreme Court Clerk or the S.Ct. itself to do anything. The plaintiff wanted the S.Ct. to consider his application challenging the constitutionality of the Iraq War. Neither the S.Ct. nor the Clerk is an "agency" under § 1361. The 10th did not offer any helpful suggestions as to how the plaintiff could get the S.Ct. to consider his application.