President Joe Biden is likely to withdraw a nominee for the First Circuit Court of Appeals who faced pushback from some Democratic Senate Judiciary Committee members, according to multiple reports.
The nominee, Michael Delaney, has faced criticism from both Republicans and Democrats for allegedly threatening to reveal the identity of a 16-year-old victim of sexual assault while defending St. Paul’s School against her lawsuit. Democrats also raised concerns about a legal brief he signed in 2005 backing a New Hampshire parental notification law for abortion.
On Thursday, the Senate Judiciary Committee again skipped over a vote to advance him to the full Senate.
With Democratic California Sen. Dianne Feinstein’s return last week, the committee was able to advance six nominees — three without any Republican votes, including a nominee who could not recall the contents of Articles II and V of the Constitution during her confirmation hearing — but still did not hold a vote on Delaney.
A coalition of eight progressive groups led by the American Economic Liberties Project urged the committee to reject his nomination in a letter sent Wednesday.
“Mr. Delaney’s record in private practice, as Deputy Attorney General for the State of New Hampshire, and as a volunteer member of the New England Legal Foundation’s (NELF) Board of Directors demonstrates a hostility to victims’ rights, reproductive rights, employee rights, and government regulation that is unsuitable for the lifetime appointment for which he is being considered,” the groups wrote.
Republican South Carolina Sen. Lindsey Graham called on the Biden administration to withdraw his nomination in a tweet Thursday.
“The parents of the victim involved in that litigation have come to the committee continuously as the nomination has been brought up,” he said. “I understand and share their concerns.”
“Given [Delaney’s] performance in the committee, he should not be placed on the First Circuit Court of Appeals,” he continued.
“For me personally, reproductive rights is a fundamental, core issue,” Democratic Connecticut Sen. Richard Blumenthal previously told The Associated Press. “And I think I’d want to know why he put his name on the brief and what it reflects in his personal view.”
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