July 8, 2026·26-148·Panel Decision·By James Taylor
The United States Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus filed by Randy Brackins El. The court held that the petitioner failed to demonstrate a clear and indisputable right to relief or the inadequacy of normal appeal processes.
Randy Brackins El filed a whistleblower appeal with the Merit Systems Protection Board in November 2025. An administrative judge dismissed the appeal, and Mr. Brackins El subsequently sought full Board review, which remained pending at the time of this order.
The court’s reasoning
The court explained that a writ of mandamus is an extraordinary remedy available only when a petitioner shows a clear and indisputable right to relief and no other adequate means to attain it. The court found that Mr. Brackins El did not meet this standard because he failed to demonstrate that the normal appeal process was inadequate or that the Board’s delay was egregious.
What it means going forward
The petition for mandamus was docketed and denied, leaving the administrative appeal process as the sole avenue for relief.
