The United States sued Texas over Texas placing barriers (such as barbed wire) in navigable waters to try to keep people from coming into the state from Mexico. Texas requested a jury trial, then sought mandamus of the denial. The Fifth Circuit denied the writ. It performed the Seventh Amendment analysis to conclude that Texas did not have a right to a jury trial in this case, much less a "clear and indisputable" right, and thus denied the writ.
Note what it confirms from our discussion: The three-prong test (p.4) and the common application of mandamus for denial of jury trials. Note also the caption of the case--we will discuss tomorrow.
