In re: USA, No. 10-14535 (11th Cir. October 28, 2010).

Judge Gold orders the EPA Administrator, Lisa Jackson, to appear in his courtroom to have a little chat. She doesn't want to come, so she asks if her buddy, the Assistant Administrator for Water of the EPA, Peter Silva, can go in her place. No dice, EPA, says Judge Gold. No dice, Judge Gold, says the 11th Circuit.

Over a dissent by Judge Martin, the court issues a writ of mandamus ordering Judge Gold to allow Silva to come in place of Jackson. The dissent takes the majority to task for not sticking to the standard for issuing the "extraordinary" relief that is a writ of mandamus, reminding them that "[a]n abuse of discretion warranting mandamus occurs when a court commits '[a] clear error of judgment or application of an incorrect legal standard.'" The dissent finds plenty in the record below supporting Judge Gold's judgment that there are extraordinary circumstances in the case requiring the head of the EPA to show up. At least enough to make it arguable, and if it's arguable, can it be clear error? Me no think so.

But, Judge Martin is outnumbered. Even with my vote.