In a rare judicial defeat for President Biden, the White House is expected to soon withdraw the nomination of Michael Delaney for the Boston-based 1st U.S. Circuit Court of Appeals. biden kprc2 click2hou
Delaney said in written testimony to senators that he did not write the 2005 abortion brief and otherwise had “extremely limited involvement” in the case that was brought while he was deputy attorney general in New Hampshire. But he was never able to gain the support of enough Democrats to win approval in the committee, on which Democrats have a narrow one-vote margin.
Delaney would be the first of Biden’s judicial nominees to fail due to a clear lack of support from the full Senate. The White House has continued to back him despite the scrutiny, as did New Hampshire's senators, Democrats Jeanne Shaheen and Maggie Hassan. But other Democrats had expressed concerns.
At issue is a New Hampshire law, passed in 2003 but repealed in 2007, that required minors to tell their parents before they obtained an abortion. As the state’s deputy attorney general, Delaney was among those who signed a brief submitted to the U.S. Supreme Court that defended the law because it “does not present a substantial obstacle to any woman’s right to choose an abortion.”
At Thursday's committee meeting, Durbin was quiet on Delaney's nomination and faced criticism from some Republicans.
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