; Whereas U.S. District Judge Timothy Kelly of the U.S. District Court for the District of Columbia rejected arguments that the Executive Branch has absolute discretion in deciding who is entitled to participate in a press briefing; and Whereas U.S. District Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York has held that it is impermissible to exclude a single … news network … and to withhold White House press passes in a content-based or arbitrary fashion : Now, therefore, be it