Former New Hampshire Attorney General, Michael Delaney, has requested the withdrawal of his nomination to the 1st Circuit U.S. Court of Appeals. This decision comes as a result of opposition from both Democratic and Republican factions. The request was conveyed in a letter seen by Reuters, addressed to U.S. President Joe Biden.
Delaney expressed his belief that stepping back from consideration for the position would be an appropriate course of action to facilitate the important work of the federal judiciary. While acknowledging Delaney’s deep qualifications, White House spokesperson Andrew Bates stated that President Biden would collaborate with New Hampshire’s U.S. senators to identify a new nominee for the vacancy. Delaney is the first of Biden’s judicial nominees to face opposition and ultimately fail due to a lack of Democratic support.
The nomination of Delaney to the Boston-based appeals court had been listed on the Senate Judiciary Committee’s agenda for a month, including for Thursday, but it was never brought to a vote. Some Democrats raised concerns regarding a legal brief Delaney had signed, defending a repealed New Hampshire law that mandated parental notification before a minor could undergo an abortion.
In response to written questions from the committee, Delaney stated that his involvement in the case was extremely limited. The litigation occurred during his tenure as the state’s deputy attorney general. The topic of abortion holds significant importance for Democrats when considering judicial nominees, particularly after the U.S. Supreme Court’s ruling last June, which overturned the national right to abortion and delegated the regulation of the matter to individual states.
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Additionally, Delaney faced inquiries regarding his representation of a New Hampshire boarding school in a lawsuit related to a sexual assault between students. Republican Senator Marsha Blackburn voiced her opinion at the Senate Judiciary Committee’s meeting on Thursday, asserting that she deemed Delaney “unfit for public service” based on his involvement with the school. Senator Lindsey Graham, the judiciary panel’s top Republican, also urged the Biden administration to withdraw Delaney’s nomination.
While the majority of the White House’s court picks have received unanimous support from Democrats, Senator Joe Manchin became the first Democrat to vote against one of Biden’s judicial nominees on Wednesday. Manchin opposed the nomination of Nancy Abudu for the 11th Circuit U.S. Court of Appeals.
The withdrawal of Delaney’s nomination highlights the challenges and complexities of judicial appointments, especially in the current political climate. The administration will need to reconsider its selection and find a new nominee who can garner the necessary support from both parties.
As the process moves forward, the vacancy on the 1st Circuit U.S. Court of Appeals remains to be filled, and President Biden’s commitment to collaborating with New Hampshire’s U.S. senators indicates his determination to secure a qualified and widely accepted nominee for the position. The decision on a new nominee will likely have significant implications for the court and its jurisdiction.
The nomination and confirmation of judges play a crucial role in shaping the legal landscape of the United States. The withdrawal of Delaney’s nomination underscores the influence of both political and social factors in the appointment process. As the Biden administration continues its efforts to reshape the judiciary, navigating the complexities of finding suitable candidates who can garner bipartisan support will remain a significant challenge.