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Mark Grueskin

@mgrueskin

Election lawyer in the daytime. Baseball fan in the springtime. Constitutional Law coach in my spare time.

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Latest posts by Mark Grueskin @mgrueskin

MOTION TO WITHDRAW MOTION TO VOLUNTARILY DISMISS
APPEALS
Defendant-Appellants respectfully move to withdraw their motion
to voluntarily dismiss these consolidated appeals. Counsel for
Defendant-Appellants reached out to counsel for Plaintiff-Appellees for their position. All Plaintiff-Appellees oppose stating, "Plaintiffs-Appellees oppose the government's unexplained request to withdraw
yesterday's voluntary dismissal, to which all parties had agreed. Under no circumstances should the government's unexplained about-face provide a basis for an extension of its brief." Regardless of Plaintiff-
Appellees position, this Court has not yet granted the motion to dismiss, and it is the prerogative of Defendant-Appellants to pursue this appeal. In addition, there is no prejudice to Plaintiff-Appellees in the Court granting this motion. This Court should grant this motion to
withdraw.

MOTION TO WITHDRAW MOTION TO VOLUNTARILY DISMISS APPEALS Defendant-Appellants respectfully move to withdraw their motion to voluntarily dismiss these consolidated appeals. Counsel for Defendant-Appellants reached out to counsel for Plaintiff-Appellees for their position. All Plaintiff-Appellees oppose stating, "Plaintiffs-Appellees oppose the government's unexplained request to withdraw yesterday's voluntary dismissal, to which all parties had agreed. Under no circumstances should the government's unexplained about-face provide a basis for an extension of its brief." Regardless of Plaintiff- Appellees position, this Court has not yet granted the motion to dismiss, and it is the prerogative of Defendant-Appellants to pursue this appeal. In addition, there is no prejudice to Plaintiff-Appellees in the Court granting this motion. This Court should grant this motion to withdraw.

And, there it is ... we have unlocked a new level of DOJ incompetence.

DOJ is now moving to withdraw its dismissal of the law firm EO case appeals. (NYT reported this morning that was being considered.)

Motion: storage.courtlistener.com/recap/gov.us...

Background: www.lawdork.com/p/doj-to-dro...

03.03.2026 17:39 ๐Ÿ‘ 395 ๐Ÿ” 104 ๐Ÿ’ฌ 25 ๐Ÿ“Œ 18

โ€œWhen the only tool you have is a gun, every problem looks like a puppy dog.โ€

- Kristi Noem

21.02.2026 04:27 ๐Ÿ‘ 1487 ๐Ÿ” 301 ๐Ÿ’ฌ 47 ๐Ÿ“Œ 13

Our tax dollars are being used to make dating videos for seniors

17.02.2026 23:02 ๐Ÿ‘ 664 ๐Ÿ” 96 ๐Ÿ’ฌ 71 ๐Ÿ“Œ 7
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Another day fighting for Colorado, ensuring that our public health funding is not illegally taken away and standing up against this administrationโ€™s denial of climate change.

13.02.2026 04:21 ๐Ÿ‘ 37 ๐Ÿ” 14 ๐Ÿ’ฌ 4 ๐Ÿ“Œ 2

These are completely legitimate questions from Washpost journalists. And there's no good answer.

Via a new thread from their guild, bsky.app/profile/post...

11.02.2026 21:51 ๐Ÿ‘ 39 ๐Ÿ” 10 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
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Colo. Sen. Michael Bennet (D) is claiming credit for spending projects he voted against. Bennet said he couldn't support other issues in the bills.

Unlike Rep Lauren Boebert (R), who's done the same, Bennet wouldn't say if he still would have voted NO if he was the deciding vote

11.02.2026 03:36 ๐Ÿ‘ 265 ๐Ÿ” 64 ๐Ÿ’ฌ 23 ๐Ÿ“Œ 5
would break apart the term of artโ€”'applicant for admissionโ€™โ€”that has been plainly defined
by the statute and gloss the singular word โ€˜applicantโ€™ with a meaning that Congress
expressly never intendedโ€ (citation modified)). The Court is prohibited from โ€œbreak[ing]
apartโ€ any statutory provision, id., and declines to disregard this instruction simply
because a divided panel in a different judicial circuit reached an unpersuasive conclusion
to the contrary. See also Fedorenko v. United States, 449 U.S. 490, 514 (1981) (โ€œIt is not
the function of the courts to amend statutes under the guise of โ€˜statutory interpretation.โ€™
(citation modified)); Buenrostro-Mendez, 2026 WL 323330, at *13 (โ€œThe governmentโ€™s

would break apart the term of artโ€”'applicant for admissionโ€™โ€”that has been plainly defined by the statute and gloss the singular word โ€˜applicantโ€™ with a meaning that Congress expressly never intendedโ€ (citation modified)). The Court is prohibited from โ€œbreak[ing] apartโ€ any statutory provision, id., and declines to disregard this instruction simply because a divided panel in a different judicial circuit reached an unpersuasive conclusion to the contrary. See also Fedorenko v. United States, 449 U.S. 490, 514 (1981) (โ€œIt is not the function of the courts to amend statutes under the guise of โ€˜statutory interpretation.โ€™ (citation modified)); Buenrostro-Mendez, 2026 WL 323330, at *13 (โ€œThe governmentโ€™s

First, the Court is not bound by it. The Court is bound only by decisions from the
United States Supreme Court and the Tenth Circuit. Absent guidance from either,
Buenrostro-Mendez is at most persuasiveโ€”and certainly not binding. See, e.g, United
States v. Ramos, 194 F. Supp. 3d 1134, 1170 n.7 (D.N.M. 2016), affโ€™d, 723 F. Appโ€™x 632
(10th Cir. 2018). The Court further notes that, as a general matter, while federal appellate
courts are cautious to create circuit splits, see, e.g., Exby-Stolley v. Bd. of Cnty.
Commissioners, 979 F.3d 784, 810 (10th Cir. 2020) (en banc), this is not a circumstance
where โ€œso many circuits would be lined upโ€ against the Tenth Circuit in resolving whether
ยง 1225 or ยง 1226 apples in this case, id. (citation modified). See also Iron Bar Holdings,

First, the Court is not bound by it. The Court is bound only by decisions from the United States Supreme Court and the Tenth Circuit. Absent guidance from either, Buenrostro-Mendez is at most persuasiveโ€”and certainly not binding. See, e.g, United States v. Ramos, 194 F. Supp. 3d 1134, 1170 n.7 (D.N.M. 2016), affโ€™d, 723 F. Appโ€™x 632 (10th Cir. 2018). The Court further notes that, as a general matter, while federal appellate courts are cautious to create circuit splits, see, e.g., Exby-Stolley v. Bd. of Cnty. Commissioners, 979 F.3d 784, 810 (10th Cir. 2020) (en banc), this is not a circumstance where โ€œso many circuits would be lined upโ€ against the Tenth Circuit in resolving whether ยง 1225 or ยง 1226 apples in this case, id. (citation modified). See also Iron Bar Holdings,

Judge Charlotte Sweeney issued the first decision out of Colorado today addressing the Fifth Circuit's outlier view of the government's mandatory detention authority. She called the majority opinion "unpersuasive."

10.02.2026 05:55 ๐Ÿ‘ 47 ๐Ÿ” 11 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 2

this is an educational #copolitics interview (with a bunch of f-bombs from the host...)

04.02.2026 00:25 ๐Ÿ‘ 7 ๐Ÿ” 5 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

โ€œLook, we just donโ€™t have the time to let someone double-check that weโ€™ve got the right person for the right reason. The Constitution obviously allows us the efficiency of just kidnapping the black and brown people from their homes wholesale, as the Framers intended.โ€

03.02.2026 16:50 ๐Ÿ‘ 6 ๐Ÿ” 2 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
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A video of Alex Pretti reading out the final salute of an unnamed veteran he cared for until the end of his life in the ICU, posted to Facebook by his son.

25.01.2026 01:18 ๐Ÿ‘ 47150 ๐Ÿ” 18187 ๐Ÿ’ฌ 1015 ๐Ÿ“Œ 1851

The TACO cycle:

Markets want to price in TACO. But TACO only works if Trump sees stocks tank.

So we get a loop: Trump does things โ†’ nothing happens (markets already priced in TACO) โ†’ that emboldens him to do more โ†’ until markets start to think he might not TACO โ†’ stocks fall โ†’ TACO is restored.

21.01.2026 19:48 ๐Ÿ‘ 2883 ๐Ÿ” 712 ๐Ÿ’ฌ 85 ๐Ÿ“Œ 65
Lenny from the Simpsons after being insulted by Ned Flanders saying โ€œhey, Iโ€™ve only been here a few minutes. Whatโ€™s going on?โ€

Lenny from the Simpsons after being insulted by Ned Flanders saying โ€œhey, Iโ€™ve only been here a few minutes. Whatโ€™s going on?โ€

Iceland at Davos

21.01.2026 14:33 ๐Ÿ‘ 4958 ๐Ÿ” 701 ๐Ÿ’ฌ 51 ๐Ÿ“Œ 11

Iceland, Greenland.
Greenland, Iceland.

21.01.2026 14:27 ๐Ÿ‘ 2297 ๐Ÿ” 563 ๐Ÿ’ฌ 329 ๐Ÿ“Œ 54
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The Situation: โ€œEvident Clinical Symptomsโ€ There is no magic bullet solution to a deranged president.

"Donโ€™t kid yourself, folks: There is no magic bullet here," writes @benjaminwittes.lawfaremedia.org in The Situation.

"There is, instead, a long hard slog ahead of usโ€”a long hard slog of elections, advocacy, protest, litigation, and people fighting for their rights."

20.01.2026 22:15 ๐Ÿ‘ 309 ๐Ÿ” 89 ๐Ÿ’ฌ 21 ๐Ÿ“Œ 11
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JUST IN: Judge Mehta rules that Trump/Russ Vought's termination of environmental grants during the shutdown โ€” targeted solely at states that voted for Kamala Harris โ€” violated the 5th Amendment's Equal Protection clause and orders them restored.

www.documentcloud.org/documents/26...

12.01.2026 18:04 ๐Ÿ‘ 7570 ๐Ÿ” 2357 ๐Ÿ’ฌ 81 ๐Ÿ“Œ 105
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Trump on Democrats: "They should say 'great job.' They shouldn't say, 'Oh gee, maybe it's not constitutional.' You know, the same old stuff that we've been hearing for years and years and years."

03.01.2026 14:48 ๐Ÿ‘ 1897 ๐Ÿ” 547 ๐Ÿ’ฌ 301 ๐Ÿ“Œ 249
Trump Suffers MAJOR SETBACK as Colorado Delivers BAD NEWS
Trump Suffers MAJOR SETBACK as Colorado Delivers BAD NEWS YouTube video by Katie Phang

Thanks, @katiephang.bsky.social, for calling out the lawlessness of the Trump Administration. Great to join you to discuss my work standing up for Colorado, protecting the rule of law, and fighting for affordability, opportunity, and resilience for all Coloradans. www.youtube.com/watch?v=jKSX...

24.12.2025 03:53 ๐Ÿ‘ 40 ๐Ÿ” 11 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 1
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It positively makes one yearn for the days when he's

15.12.2025 23:50 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
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Gun Deaths by Country 2025 Data, information, and analysis regarding the number of gun deaths in every country of the world, including gun deaths in the United States.

To the gun lobbyists who will inevitably claim the Bondi shootings show that Australiaโ€™s strict firearms laws are ineffective:

In 2023, the US had 4.42 gun homicides per 100,000 people.

Australia had 0.09 gun homicides per 100,000.

worldpopulationreview.com/country-rank...

14.12.2025 12:13 ๐Ÿ‘ 163 ๐Ÿ” 49 ๐Ÿ’ฌ 7 ๐Ÿ“Œ 1

What are the odds his insiders will blame his tariff-driven increases in food prices on foreign countries?

06.12.2025 23:30 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

I used to think Arizona Sen. Mark Kelly's blunt, dry style wouldn't play well with an entertainment-addled American public. Now it seems like his fearless bluntness is the perfect antidote to push back against the overcooked rhetoric of Trump and Hegseth. They picked the wrong guy to attack.

02.12.2025 16:58 ๐Ÿ‘ 1260 ๐Ÿ” 235 ๐Ÿ’ฌ 42 ๐Ÿ“Œ 8
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NEW: Colorado's election clerks are increasingly upset that Gov Jared Polis (D) hasn't ruled out releasing Tina Peters to the Trump administration.

On a call today, a bipartisan group of elected clerks said Polis hasn't agreed to meet with them about their concerns.

25.11.2025 17:50 ๐Ÿ‘ 297 ๐Ÿ” 79 ๐Ÿ’ฌ 22 ๐Ÿ“Œ 17
Colorado officials, county clerks urge Polis not to transfer Tina Peters to federal custody
Colorado officials, county clerks urge Polis not to transfer Tina Peters to federal custody YouTube video by Next 9NEWS

Colorado's Republican election clerks tell Gov Jared Polis (D) that freeing Tina Peters at Trump's request would be a betrayal. @marcsallinger.bsky.social reports: www.youtube.com/watch?v=X0rs...

22.11.2025 02:18 ๐Ÿ‘ 371 ๐Ÿ” 100 ๐Ÿ’ฌ 11 ๐Ÿ“Œ 9
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How could Trump interfere in the midterms? Here's what voting officials are watching Less than a year from the midterm elections, state and local voting officials from both major political parties are actively preparing for the possibility of interference by the Trump administration.

Less than a year from the midterm elections, state and local voting officials from both major political parties are actively preparing for the possibility of interference by the Trump administration. n.pr/3KcqSNg

21.11.2025 10:09 ๐Ÿ‘ 419 ๐Ÿ” 174 ๐Ÿ’ฌ 24 ๐Ÿ“Œ 15

It's always hard to pick a worst day politically, but today the president called for the death of members of the opposition party, and the administration decided that people were being too hard on the swastika

21.11.2025 04:15 ๐Ÿ‘ 9704 ๐Ÿ” 2608 ๐Ÿ’ฌ 240 ๐Ÿ“Œ 119

This isnโ€™t even the stuff theyโ€™re trying to actually stop from getting out.

12.11.2025 22:59 ๐Ÿ‘ 17094 ๐Ÿ” 3318 ๐Ÿ’ฌ 124 ๐Ÿ“Œ 128
The covered walkway along the White House, and there's huge, tacky as fuck faux-gold script that reads "Presidential Walk of Fame" stretching along the wall above the windows. And there's pictures of people arrayed below all along the corridor.

The covered walkway along the White House, and there's huge, tacky as fuck faux-gold script that reads "Presidential Walk of Fame" stretching along the wall above the windows. And there's pictures of people arrayed below all along the corridor.

This, in particular, is spectacularly hideous. It's like something you'd see on the wall of a car dealership where they put pictures of their top salespeople every month

06.11.2025 23:04 ๐Ÿ‘ 2002 ๐Ÿ” 324 ๐Ÿ’ฌ 155 ๐Ÿ“Œ 187
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Jury finds D.C. โ€˜sandwich guyโ€™ not guilty of assaulting officer Sean C. Dunn admitted he flung the hoagie at a federal agent. His attorneys called it a โ€œharmless gestureโ€ of protest as Trump commandeered D.C. police.

Not only was Sandwich Guy acquitted.

He was acquitted on a misdemeanor after Jeanine Pirro failed to get an indictment for a felony assault charge out of a grand jury. www.washingtonpost.com/dc-md-va/202...

06.11.2025 20:06 ๐Ÿ‘ 1728 ๐Ÿ” 245 ๐Ÿ’ฌ 44 ๐Ÿ“Œ 28
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Trump, 79, Rambles About โ€˜Windmillsโ€™ and Fried Birds in Bonkers Rant President Donald Trump has lashed out at his old nemesis, renewable energy, in a bizarre rant involving โ€œwindmillsโ€ and birds supposedly getting fried on solar panels. Speaking to reporters aboard Air...

It seems this is a trend.

28.09.2025 22:43 ๐Ÿ‘ 4 ๐Ÿ” 3 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0