What is the test for a motion of mandamus against a state attorney general for enforcing an unconstitutional law?
"New York", United States of America
The following excerpt is from Council of City of New York v. Bloomberg, 6 N.Y.3d 380, 846 N.E.2d 433 (N.Y. 2006):
to violate his or her oath of office by enforcing an unconstitutional law, and would contradict the principle that "mandamus is never granted for the purpose of compelling the performance of an unlawful act" (Matter of People ex rel. Sherwood v. State Bd. of Canvassers, 129 N.Y. 360, 370, 29 N.E. 345 [1891]).
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