LOVITKY v. TRUMP

No. 18-5105.

918 F.3d 160 (2019)

Jeffrey A. LOVITKY, Appellant v. Donald J. TRUMP, in His Official Capacity as President of the United States, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 2019.


Attorney(s) appearing for the Case

Jeffrey A. Lovitky argued the cause and filed the briefs for appellant.

Matthew J. Glover , Counsel to the Assistant Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Mark B. Stern , and Michael Shih , Attorneys.

Before: Tatel and Griffith, Circuit Judges, and Williams, Senior Circuit Judge.


Officers of the United States swear to "faithfully discharge the duties of the[ir] office." 5 U.S.C. § 3331; see also U.S. Const. art. II, § 1, cl. 8 (requiring the President to swear that he "will faithfully execute the Office of President"). When they fall short, the Mandamus Act offers relief; it vests...

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