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My timeline as I try to write a brief.

Well, not ALL government agencies... 5 U.S.C. 551(1)(E) excludes "agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them" from coverage, except for FOIA. An example is (ahem) the Railroad Retirement Board.

I would be here for #NJAppellateSky. It's been too long since I've gotten to argue in front of the Supreme Court, and I miss the Appellate Division.

Look, you're pediatric ID, not pediatric endocrinology.

In the next permutation, judicial nominees will say that there was evidence sufficient to support a finding that Joe Biden won the election. After that, they'll say that it GAO did not abuse its discretion in ascertaining that Joe Biden was the winner of the election.

Thanks to @smmarotta.bsky.social for remembering. The online dynamism of those days fluttered away, but what I’ll say is a lot of it moved to the real world too.

But did you ask the ice cream if it has any birds at home or if it traveled outside of the country lately?

The sad part is that I have no reason to think any of these nominees are election deniers. They just don't want their nominations pulled in a fit of pique.

I think it reflects worse on Trump than the nominees, yes. If I were a nominee, I hope I'd have the courage to just say "Biden won" and if my nomination was pulled, well, that's how it goes. But I'm saying that not actually having to make that choice.

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I mean, the nominees aren't lying. Biden did win the election as a matter of law! Biden was certified as the winner! They're just not saying the next thing, which is that those things happened because Biden got more votes.

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Sean Marotta

Peter Orlowicz

Raffi Melkonian

I forgot to post because I was in court, but Monday was the anniversary of #AppellateTwitter. (Yes, I have it marked on my calendar.) Always grateful for what my pal @rmfifthcircuit.bsky.social gave a name, even if we're still chasing those heydays.

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