Is a published decision of this court binding on lower courts within the 9th Circuit?

The issue of whether a published decision of this court is binding on lower courts within the circuit, notwithstanding a stay of the mandate, is plainly an issue of "major importance to the administration of the district courts." Id. The exercise of our authority is therefore appropriate in this matter. See United States v. U.S. Dist. Ct., 334 U.S. 258, 264 (1948) ("It is, indeed, a high function of mandamus to keep a lower tribunal from interposing unauthorized obstructions to enforcement of a judgment of a higher court.").¹

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When considering whether to grant mandamus relief, this court considers the five factors enumerated in Bauman v. U.S. Dist. Ct., 557 F.2d 650 (9th Cir. 1977):