Estrada v. Adame

I dissent from the majority opinion granting mandamus relief. I would deny Miguel Estrada’s petition for writ of mandamus on the ground that this Court no longer has the authority by mandamus to order the Mayor of Donna to hold a run-off election for an office that has already been assumed by the plurality winner of the original election.

The Texas Election Code allows the Texas Supreme Court or a Court of Appeals to issue a writ of mandamus “to compel the performance of any duty imposed by law in connection with the holding of an election.” TEX. ELEC. CODE ANN. § 273.061 (Vernon 1986).…