Biden suffers 'rare judicial defeat' after nominee withdraws his nomination

 May 20, 2023

President Joe Biden and his administration are downright struggling to get nominees pushed through the Senate confirmation process. 

According to the Washington Examiner, the latest example includes the withdraw of the nomination of Michael Delaney for a judge slot on the federal bench.

Delaney's past caught up with him, and he has suffered from a lack of support from both sides of the Senate aisle.

Many of Biden's picks were held up due to the absence of Sen. Dianne Feinstein (D-CA). However, even with the elderly Democrat back at work, Delaney still can't muster the votes needed to pass the Judiciary Committee.

What happened?

According to the Examiner's sources, a scheduled Thursday vote for Delaney never happened.

The outlet noted:

Delaney, a lawyer and former prosecutor nominated for the 1st Circuit Court of Appeals, has been scrutinized because of his past work defending a school in a civil lawsuit over sexual assault. The plaintiff in the case accused Delaney of filing a threatening motion to expose her identity if she kept making accusations about the school. Recently, the plaintiff wrote an op-ed in theBoston Globe arguing Delaney “doesn’t deserve to be a judge.”

The troubled lawyer and prosecutor also came under fire for filing a brief opposing a New Hampshire law that required parents to be notified when a minor sought an abortion.

That particular case made it to the Supreme Court, after originally passing in 2003. It was later repealed in 2007.

Both Democrats and top Senate Republicans, including Senate Minority Leader Mitch McConnell (R-KY), expressed doubts about Delaney's confirmation.

"In other words, Mr. Delaney tried to turn a teenage victim’s privacy into a hostage to help a prep school avoid accountability," McConnell said at the time regarding the school lawsuit.

"Rare defeat"

The Associated Press called the withdrawal of Delaney's judicial nomination a "rare judicial defeat" for the Biden administration.

Delaney penned a note to the White House explaining why he believes he had to take his name out of the running for the prominent Boston-based 1st U.S. Circuit Court of Appeals judicial nomination.

"At this time, I believe it is appropriate for me to withdraw my name from consideration for this position to advance the important work of the federal judiciary," he wrote.

In the meantime, the White House said it will work with New Hampshires senators to determine a viable replacement.

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