Controversial judicial pick asks Biden to withdraw after failing to win Dem support

Appellate court nominee Michael Delaney asked President Joe Biden to withdraw his nomination Thursday, a rare failure of a judicial nominee with Democrats controlling the Senate and White House.

Several Democrats on the Judiciary Committee were resisting supporting Delaney to serve on the First Circuit Court of Appeals, in part because of his past work defending a school in a civil lawsuit over sexual assault.

Delaney’s been stalled for weeks, but it became crystal clear his nomination was near its demise after he was not called up for a vote Thursday in the judiciary panel, which now has a working majority after the return of Sen. Dianne Feinstein (D-Calif.). Democrats can confirm Delaney unilaterally with their 51-49 majority, but that requires unanimous support at the committee level.

In a letter to Biden, Delaney said that "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."

“President Biden put forward a deeply qualified nominee, with a long and distinguished career in public service. The White House will consult with New Hampshire’s senators to identify a new nominee," said Andrew Bates, a White House spokesperson.

While it had become evident in recent weeks that Delaney did not have strong support to win confirmation, New Hampshire Democratic Sens. Maggie Hassan and Jeanne Shaheen continued pushing for his confirmation.

That never came to be, as Delaney faced an intense campaign against him. Delaney’s problems began because of his work defending St. Paul’s School in his home state during a civil suit brought by a student who alleged a sexual assault by another student.

And things spiraled from there: Delaney also was under scrutiny for his abortion positions, as well as his service on the board of a group that took strong deregulatory positions. The New Hampshire senators and the White House stuck with him amid those knocks, even as Democratic senators’ views curdled.

In a joint statement, Hassan and Shaheen said that they "disagree with the criticism that has been leveled against him, and we are disappointed that it got in the way of confirming a highly qualified individual.” The White House declined to comment.

Summing up the knocks on Delaney, a coalition of progressive groups Thursday called for his rejection due to his “hostility to victims’ rights, reproductive rights, employee rights, and government regulation that is unsuitable for the lifetime appointment for which he is being considered."

Not long after that, Senate Judiciary Chair Dick Durbin (D-Ill.) passed over Delaney once again in committee.