Sean Marotta's Avatar

Sean Marotta

@smmarotta.bsky.social

Partner with Hogan Lovells's Appellate and Administrative Litigation groups. Banner image by Art Lien. My GC wants you to know that my postings are my own and do not necessarily represent the views or positions of Hogan Lovells, clients, or personnel.

6,030 Followers  |  600 Following  |  3,054 Posts  |  Joined: 23.05.2023
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Posts by Sean Marotta (@smmarotta.bsky.social)

Let he who has not thought this cast the first stone.

01.03.2026 01:52 — 👍 121    🔁 9    💬 4    📌 0

Goodness! I am so glad you are okay.

28.02.2026 02:02 — 👍 2    🔁 0    💬 0    📌 0
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27.02.2026 17:48 — 👍 6    🔁 7    💬 0    📌 4

Law professors: New clickwrap hypothetical just dropped.

27.02.2026 21:55 — 👍 6    🔁 0    💬 1    📌 0

The White House got very fussy when people would call it OBBBA or OB3. No, it had to be the "One Big Beautiful Bill Act."

(Even though that short title was stripped out of the final law, so it's technically An Act to Provide for Reconciliation Pursuant to Title II of H. Con. Res. 14.)

27.02.2026 18:44 — 👍 6    🔁 0    💬 2    📌 0

It's the meta meta stress that really does you in.

27.02.2026 03:25 — 👍 1    🔁 0    💬 0    📌 0

Cannot wait for the case on Citizens Coinage Advisory Committee to hit the Emergency Docket this year.

27.02.2026 03:24 — 👍 18    🔁 7    💬 0    📌 0

#EvergreenPost

27.02.2026 03:18 — 👍 1    🔁 0    💬 1    📌 0

Sending warmth, friend.

27.02.2026 03:05 — 👍 2    🔁 0    💬 1    📌 0

Ashamed to admit that I laughed.

26.02.2026 22:13 — 👍 13    🔁 0    💬 1    📌 0

"Mr. Chief Justice and may it please the Court: I move the admission of AB of the Bar of the Supreme Tribunal of the Apostolic Signatura. I am satisfied that she posesses the necessary qualifications."

26.02.2026 22:12 — 👍 5    🔁 0    💬 0    📌 0

They need to sit in the back because of the big hats, tho.

26.02.2026 22:10 — 👍 43    🔁 1    💬 2    📌 0

They're going to have to add a rule on this to the 23d edition of the Bluebook.

26.02.2026 22:08 — 👍 75    🔁 1    💬 3    📌 0
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A section of the Table of Authority that most briefs don't have!

26.02.2026 22:05 — 👍 163    🔁 5    💬 4    📌 1

META: We know everything about you and have highly sophisticated content and ad-serving algorithims.

ALSO META: You want to post a picture to your Story from your DESKTOP? Woah, woah, woah. We're not the space program here.

26.02.2026 18:03 — 👍 5    🔁 0    💬 1    📌 0

The underlying argument about the bond issue. Not the court-order thing, obviously.

26.02.2026 17:37 — 👍 0    🔁 0    💬 1    📌 0

Steve's the guy who walks into the ER and says it's been a quiet night.

26.02.2026 17:11 — 👍 21    🔁 1    💬 2    📌 0

Delaware is just a legal fiction that exists in a CT Corporation P.O. Box.

26.02.2026 17:10 — 👍 8    🔁 0    💬 1    📌 0

Other than the obvious joke, is it legally frivolous if the Fifth Circuit has endorsed the argument?

26.02.2026 17:09 — 👍 2    🔁 0    💬 3    📌 0

District court precedent not beng binding is hard, though. I don't know I yet have the doctrinal answer for what is driving the judge's anger. The system relies on a good-faith executive that we don't have.

26.02.2026 17:04 — 👍 4    🔁 0    💬 2    📌 0

This is great advice. But I am suing over fonts.

26.02.2026 03:37 — 👍 2    🔁 1    💬 0    📌 0

Not sure I understand Isihara's standing to appeal because the district court ruled that Isihara purged his contempt before any payments were due.

26.02.2026 03:31 — 👍 40    🔁 8    💬 5    📌 0

I agree that she did. But the initial clip was very out-of-context until I dug in.

26.02.2026 03:07 — 👍 4    🔁 0    💬 1    📌 0

(To draw out the difference, assume someone else wrote the brief the question is directed at, this attorney is parachuting in for the argument, and this is the first question posed.)

26.02.2026 03:01 — 👍 1    🔁 0    💬 0    📌 0

Answering "yes," when the judge says "is that your position?" is not by itself sanctionable. It becomes sanctionable to the extent the lawyer advocated that position.

26.02.2026 03:01 — 👍 4    🔁 0    💬 2    📌 0

30 Rock.

26.02.2026 02:35 — 👍 1    🔁 0    💬 0    📌 0

And the judge put a hypothetical to the DOJ attorney to test the position, and she grasped the nettle and admitted that no right to challenge means no right to challenge.

Is that insane? I don't know. A lot of immigration law is counterintuitive, to say the least.

26.02.2026 02:34 — 👍 5    🔁 0    💬 2    📌 0

So I don't know a ton about immigration law. But I tried reading the colloquy in context, and it appears the DOJ attorney is arguing that an immigrant with an order of removal allowing third-country removal doesn't have a due-process right to challenge the particular country he is deported to.

26.02.2026 02:34 — 👍 2    🔁 0    💬 1    📌 1

I was pleased to write for my pal @meganeboyd.bsky.social an essay on How I Write for Scribes. And if you'd like to read it, it's here. I don't think I have any special sauce, but this is how I do it.

www.scribes.org/wp-content/u...

26.02.2026 01:27 — 👍 13    🔁 3    💬 1    📌 1

Can't swap wood for sheep because the NBA trade deadline closed on 2/5.

25.02.2026 23:46 — 👍 84    🔁 4    💬 1    📌 0