---
canonical_url: "https://mubeitech.com/discussions/messages/qe32b203aaaeaedb7d352"
batch_url: "https://mubeitech.com/discussions/batches/batch-000073"
content_type: discussion_message
speaker: "kir***"
date: "2026-01-25T05:07:59.475Z"
---

# kir*** 发言 (2026-01-25)

围绕郭文贵案的社区讨论与观点交锋。发言仅代表讨论者观点，不等同于法院认定。

批次：[查看所在归档批次](https://mubeitech.com/discussions/batches/batch-000073)
时间：2026-01-25T05:07:59.475Z
回复：[q1bc958d5b84ecc069563](https://mubeitech.com/discussions/messages/q1bc958d5b84ecc069563) (查看被回复的发言（跨批次）)

被回复发言摘要：
> All Writs Act (28 U.S.C. § 1651) throughout American legal history, data suggests they are rare, "extraordinary" remedies, with some specific appellate courts (such as the Federal Circuit) issuing them more frequently than others. 
> Key Statistics and Observations:
> Low Overall Usage: Federal courts of appeals generally issue writs of mandamus only once or twice per year at most.
> Federal Circuit Exception: In contrast to the general trend, the U.S. Court of Appeals for the Federal Circuit has been highly active, issuing mandamus 61 times in patent cases between 2009 and 2022 (roughly 4-5 times a year).
> Grant Rate: A study of 501 mandamus petitions at the Federal Circuit found a 13.6% grant rate (68 petitions), with a 22% grant rate for petitions arising from district courts.
> Supreme Court Usage: The Supreme Court rarely grants mandamus, usually only in cases of "extraordinary" circumstances.
> Recent Activity: In a six-month period between October 2020 and April 2021, the Supreme Court granted seven emergency injunctions/stays, which are related types of relief under the court's equity powers.
> Government Usage: The ACLU confirmed at least 76 cases in 22 states where the government applied for an order under the All Writs Act to compel assistance in device unlocking between 2008 and 2016. 
> The All Writs Act, 28 U.S.C. § 1651, authorizes federal courts to issue all writs "necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law".

## 发言正文

> 上诉法院 4-5个强制令 每年 立案