Biden’s Court Pick Michael Delaney May Be In Trouble

WASHINGTON — For the first time since becoming president, one of Joe Biden’s judicial nominees may be in trouble.

The most obvious sign? It gets really awkward when you ask abortion rights groups and Democrats on the Senate Judiciary Committee about their nominations.

“Not decided yet,” said Sen. Mazie Hirono (D-Hawaii) late last week on Michael Delaney’s nomination.

Asked if he was leaning yes or no, Hirono regretted, “I’m just going to say, I haven’t decided yet.”

“Still working on what to vote on,” said Sen. Richard Blumenthal (D-Conn.), who, like Hirono, looked downcast and seemed eager to end the conversation.

He declined to add that he was slightly biased one way or the other.

“True,” Blumenthal chimed in when asked if he hadn’t decided yet.

He had time to review his records. Delaney, a former attorney general of New Hampshire and Biden’s choice for a lifetime seat on the US Court of Appeals for the First Circuit, had been nominated more than a month ago, on February 15. During the hearing, several senators had pointed questions. on legal work on controversial school sexual assault cases and abortion rights. A week later, Delaney followed by a written answer to member questions in the document that continues for 116 pages.

“I can guess the judge you want to ask,” said Sen. Jon Ossoff (D-Ga.) when HuffPost approached him with questions about Biden’s unnamed judicial picks.

Ossoff correctly predicted HuffPost was going to ask about Delaney — and avoided all questions about whether he had a problem with the nomination.

“I scrutinized all the records and qualifications of the nominees thoroughly and carefully before voting on the committee,” he said. “I will do this for every nominee in this Congress.”

They won’t indicate if they lean towards yes or no.

“I’m afraid I have to reiterate what I’ve said before, which is that for each nominee, I will review their records and qualifications until the committee makes a determination,” Ossoff said. “Then I will choose.”

This is not the path that Biden’s judicial nominees usually take. The Senate has confirmed a record 118 federal judges so far, and all have strong Democratic support. They are also very diverse.

But Delaney’s hearing was bumpy. He fought to assuage senators’ concerns about his handling of a 2015 sexual assault case at an elite New Hampshire boarding school.

Delaney, 53, represents St. John’s School. During the case, he filed a motion arguing that the plaintiff, who is 15 years old, can only remain anonymous if he and his attorney agree not to speak publicly about the case during the trial. He said he felt Delaney’s move was meant to intimidate him, the student, Chessy Prout, continued to reveal his identity and story. Prout and his parents now actively lobbying senators to reject the nomination.

Even the chairman of the committee, Sen. Dick Durbin (D-Ill.), has to admit it after the case was brought back to Delaney’s hearing“It was a pretty rough hearing, no question.”

Delaney also faced scrutiny for appearing by name in a 2005 legal brief defending a state law requiring minors to notify their parents before an abortion. Delaney was the deputy attorney general at the time, and he signed a brief sent to the Supreme Court defending the law on the grounds that it “does not present a substantial obstacle to a woman’s right to choose an abortion.” The law was finally repealed in 2007.

Delaney said he had very limited involvement in the case and only signed the brief because he was expected to be a deputy attorney general. But in a written response to the senators, he noted that he did not sign off on every summary before it — a detail that at least some Democrats on the committee were uneasy about the possibility that he chose to sign off on abortion for personal reasons. .

The details have raised red flags for women’s rights and sexual assault prevention groups. At letter together, the National Women’s Law Center, the Leadership Conference on Civil and Human Rights, and People for the American Way said they had “serious concerns” about her. Additionally, the National Alliance to End Sexual Violence to members of the Judiciary Committee it finds behavior towards victims of sexual assault “problematic”.

One group, the National Council of Jewish Women, rejected her nomination.

“It’s a big deal for our organization to oppose one of the president’s nominees, having supported more than 100 nominees by this administration,” said a spokesperson for NCJW. “Our concerns with Mr. Delaney center around core issues for our organization – ending gender-based violence, supporting survivors, increasing access to abortion, and creating a culture of healing and justice. For decades, the National Council of Jewish Women has work for fair, independent, quality judges who bring a variety of backgrounds and experiences to the bench, and we do not believe that Mr. Delaney fits this rubric for a lifetime position on our court.”

To make matters worse for Delaney’s nomination, national and state abortion rights groups won’t talk about her. Not only is this rare for Biden, who usually enjoys support, but his unwillingness to get behind him comes at a time when protecting abortion rights is front of mind for Democrats after the Supreme Court gutted Roe v. Wade last year.

“We’re still evaluating it,” said Ally Boguhn, communications director for NARAL Pro-Choice America.

“Planned Parenthood conducts record reviews of federal judicial nominees,” said Gabby Richard, director of federal advocacy communications for the Planned Parenthood Federation of America. “Our review of this nomination is ongoing.”

HuffPost reached out to three major abortion rights groups serving New Hampshire to see where they stand on Delaney. No one responded from the New Hampshire Reproductive Freedom Fund, Planned Parenthood of Northern New England or the Equality Health Center.

Delaney had some strong supporters, and he stuck with them. They include the White House and Senate Majority Leader Chuck Schumer (DN.Y.), who last week called him an “outstanding” choice.

“Michael Delaney has thirty years of legal experience, including service as Attorney General and Deputy Attorney General of New Hampshire, and is well-qualified to serve in this important position,” said White House spokesman Andrew Bates. “The White House expects Senators to take full notes when evaluating nominees.”

Bates noted that the first time the White House heard from groups or senators who wanted more information about Delaney’s background on abortion rights was not directly from them, but from an Associated Press reporter who requested a story about it. In other words, as far as the White House knows, people are comfortable with Delaney’s record after giving the committee “a 116-page thorough answer, under oath,” Bates said.

Delaney’s supporters also noted the support of Susan Carbon, former director of President Barack Obama’s Office on Violence Against Women at the Justice Department. Carbon wrote to members of the Judiciary Committee that Delaney was “instrumental” in reforming New Hampshire’s “civil and criminal justice system for crime victims.”

Both of Delaney’s home state Democratic senators, Jeanne Shaheen and Maggie Hassan, also defended him. Both are strongly pro-choice.

“I think the women’s group is misinformed,” Shaheen told HuffPost late last week when asked about some of the organizations raising concerns about Delaney’s nomination. “I think he would be a very good judge.”

Asked if he had any concerns about him, he said, “I don’t have any.”

Hassan didn’t waver against Delaney either.

“Senator Hassan continues to strongly support Mr. Delaney,” Hassan spokeswoman Laura Epstein said. “The strong and bipartisan support of a variety of leaders – from the former Director of the Office of Violence Against Women under President Obama to dozens of plaintiffs’ attorneys representing survivors to NH Supreme Court justices appointed by members of both parties – underscores his deep commitment to justice and why he would make an excellent First Circuit Judge.

But there is an obvious tension about Delaney in New Hampshire. In the course of reporting this story, HuffPost received emails and phone calls — some unsolicited — from people with ties to the state’s legal community and reproductive rights groups who expressed many of the same concerns about Delaney, suggesting that an active campaign is surfacing to stop her. nominated.

At least one Democrat on the Judiciary Committee appears poised to back Delaney.

“He has the full and strong support of the senators who know him and the attorney general he serves,” said Sen. Sheldon Whitehouse (DR.I.).

Whitehouse didn’t mention her name, but the attorney general Delaney served with for two years as deputy attorney general is Republican Kelly Ayotte, who is anti-choice and who led legal efforts to defend the state’s parent-notice abortion law.

Ayotte, who is also a former US senator, did not publicly support Delaney’s nomination. But during Delaney’s confirmation hearing in February, Sen. Lindsey Graham (RS.C.) said that Ayotte gave “a very glowing recommendation, which means a lot to me. I hope the committee will look at the evaluation of your professional abilities.

Nothing happened with Delaney’s nomination anytime soon. Democrats have a one-seat majority in the Senate, and two Democratic senators — Dianne Feinstein of California and John Fetterman of Pennsylvania — have been out for weeks for medical reasons. It failed to confirm one of Biden’s nominees who was not widely supported.

Feinstein also sits on the Judiciary Committee, meaning Durbin is unlikely to schedule a Delaney committee vote until she returns. He’s out this week, and then the Senate goes into recess for two weeks, meaning no action on Delaney for weeks, at least.

It only took one Democrat no vote on the Judiciary Committee, along with every Republican, tanking Delaney’s nomination. It’s not necessarily where it’s headed, but confirmation that it looks pretty shaky for the moment. Sen. Cory Booker (DN.J.), also on the panel, has said already “initial concern” about Delaney.

It’s up to Durbin to decide when to schedule Delaney’s committee election. But even if Feinstein returns and puts the panel back at full membership, that doesn’t mean Delaney will be ready to go. Feinstein has also signaled that she is not running for the nomination.

“She hasn’t made a decision on whether to support him,” Feinstein spokesman Adam Russell said.