How Appealing



Friday, May 19, 2023

“Ruling Against Warhol Shouldn’t Hurt Artists. But It Might. The Supreme Court decision over Andy Warhol’s use of Lynn Goldsmith’s Prince photograph was decided on the narrow grounds of a licensing issue. But it could still have a chilling effect.” Blake Gopnik of The New York Times has this news analysis.

Posted at 10:04 PM by Howard Bashman



“The Clarence Thomas Stories That PBS Refused to Tell: I gave an interview about the Supreme Court justice that ended up on the cutting room floor; Here’s what the network didn’t air.” John C. Danforth will have this op-ed in Saturday’s edition of The Wall Street Journal.

Posted at 9:58 PM by Howard Bashman



“Abudu narrowly confirmed to Atlanta appeals court by the U.S. Senate”: Tia Mitchell and Bill Rankin of The Atlanta Journal-Constitution have this report.

Howard Koplowitz of AL.com reports that “Senate confirms SPLC lawyer Nancy Abudu for U.S. 11th Circuit Court of Appeals judgeship.”

Jacqueline Thomsen of Reuters reports that “Senate confirms Biden court pick despite Manchin opposition.”

Tiana Headley of Bloomberg Law reports that “Nancy Abudu Confirmed as First Black Woman on Eleventh Circuit; Nancy Abudu known for voting rights litigation; Work for SPLC derided by Republicans.” And Zach C. Cohen of Bloomberg Law reports that “Manchin for First Time Bucks Biden Judge, Narrowing Nominee Path; Senate Democrats face more challenging confirmation battles; Vote was on Nancy Abudu, first Black woman to 11th Circuit.”

And Tulane University Law School has posted online a news release titled “Tulane Law alumna becomes 1st Black woman on the 11th Circuit Court of Appeals.”

Yesterday, the U.S. Senate voted 49-to-47 to confirm to a seat on the U.S. Court of Appeals for the Eleventh Circuit.

Posted at 7:26 PM by Howard Bashman



“Supreme Court’s Social Media Ruling Is a Temporary Reprieve; Google and Twitter have prevailed for now, but there are plenty of Section 230 skeptics at the high court — and in Congress”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 4:52 PM by Howard Bashman



“Michael Delaney withdraws as US Circuit judge nominee amid controversy over his role as a lawyer in a notorious N.H. sexual assault case”: Jim Puzzanghera of The Boston Globe has this report.

Azi Paybarah of The Washington Post reports that “Controversial Biden judicial pick withdraws from consideration.”

C. Ryan Barber and Andrew Restuccia of The Wall Street Journal report that “Biden Appeals-Court Pick Michael Delaney Withdraws; Nomination had faced Senate opposition over work representing prep school in sex-assault case.”

Seung Min Kim and Mary Clare Jalonick of The Associated Press report that “Federal appeals court nominee withdraws in rare judicial defeat for Biden.”

Jacqueline Thomsen of Reuters reports that “Biden appeals court nominee Delaney asks to withdraw after bipartisan opposition.”

Madison Alder of Bloomberg Law reports that “Embattled Biden First Circuit Pick Delaney Asks to Withdraw; Criticized over school sex assault case representation; Senate conservatives, liberals voiced opposition.”

Sahil Kapur and Frank Thorp V of NBC News report that “Biden nominee Michael Delaney withdraws from consideration as appeals court judge; Delaney, who lacked enough Democratic support to be confirmed, withdrew in a letter sent to the president Thursday.”

Tierney Sneed, Lauren Fox, and Arlette Saenz of CNN report that “Biden judicial nominee, under fire for school sexual assault case, withdraws after Democrats balk.”

Brianna Herlihy of Fox News has a report headlined “Biden judge withdraws nomination after Democrats fail to find the votes: ‘Wake-up call’; ‘There is hypocrisy in some of these nominations,’ said Sen. Marsha Blackburn, R-Tenn.”

Burgess Everett of Politico reports that “Controversial judicial pick asks Biden to withdraw after failing to win Dem support; Several Judiciary Committee Democrats were resisting supporting Michael Delaney, in part because of his past work defending a school in a civil lawsuit over sexual assault.”

Jennifer Bendery of HuffPost reports that “Michael Delaney Asks Biden To Withdraw His Judicial Nomination; The president’s controversial court pick, who faced stiff criticism from women’s rights groups, didn’t have the Democratic votes to advance.”

Earlier, in February 2023, Chessy Prout had an op-ed online at The Boston Globe titled “I know Michael Delaney. After what he did, he doesn’t deserve to be a judge. His nomination shows me and other survivors of sexual assault that the Biden administration approves of what Delaney and St. Paul’s School put me and my family through.”

Posted at 2:15 PM by Howard Bashman



“Kagan, Sotomayor Trade Rare Barbs in Warhol High Court Case”: Lydia Wheeler and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 1:55 PM by Howard Bashman



“You Take a Friend on Your Yacht. Is It a Taxable Gift? Billionaire Harlan Crow took Clarence Thomas on lavish trips and more, and that’s shining a spotlight on U.S. gift taxes for everyone. ‘It’s not a gift, it’s a party,’ one tax pro says.” Laura Saunders of The Wall Street Journal has this report.

Posted at 1:35 PM by Howard Bashman