Biden Withdraws Controversial Judicial Pick

The White House on Thursday withdrew the nomination of Michael Delaney to a U.S. circuit court seat because he doesn’t have the votes to be confirmed.

It’s the first time President Joe Biden has yanked one of his judicial picks.

The White House didn’t ask Delaney to pull out. Delaney himself asked Biden to withdraw his name after months of controversy around his 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,” Delaney said in a Thursday letter to the president.

HuffPost obtained a copy of his letter:

Delaney’s nomination has to reject his nomination.

In a joint letter to committee members, the National Women’s Law Center, The Leadership Conference on Civil and Human Rights, and People for the American Way said they have “grave concerns” about him. The National Alliance to End Sexual Violence told committee members that his behavior toward victims of sexual assault was “problematic.”

Democrats were also uneasy about supporting Delaney after he put his name on legal briefs in 2005, something he didn’t have to do, that defended a state law requiring minors to tell their parents before they had an abortion. Delaney was deputy attorney general at the time, and he signed onto briefs sent to the Supreme Court defending the law on the grounds that it “does not present a substantial obstacle to any woman’s right to choose an abortion.” That law was ultimately repealed in 2007.

On Wednesday, eight more organizations announced their opposition to Delaney’s nomination. Groups including American Economic Liberties Project and the National Employment Law Project dinged Delaney for his “allegiance to corporate power.”

“Mr. Delaney’s record in private practice, as Deputy Attorney General for the State of New Hampshire, and as a volunteer member of the New England Legal Foundation’s (NELF) Board of Directors demonstrates a hostility to victims’ rights, reproductive rights, employee rights, and government regulation that is unsuitable for the lifetime appointment for which he is being considered,” said the groups.

Members of the Judiciary Committee must have gotten a heads-up about Delaney’s nomination going down. Earlier Thursday, two Republicans on the committee weirdly made a point to criticize him, even though they were never expected to vote for him anyway.

“As we talk about people who are unfit for public service, Michael Delaney is one of those individuals,” said Sen. Marsha Blackburn (R-Tenn.). “I appreciate he was removed from consideration today.”

Sen. Lindsey Graham (R-S.C.), who sometimes votes with Democrats to advance Biden’s court picks, said he was initially willing to support Delaney’s nomination until he learned of all the opposition to him from outside groups.

“I was very much inclined to support and through the process of the hearing … you proved, I think, that Mr. Delaney was not ready for prime time,” Graham said, holding up a copy of the letter from the American Economic Liberties Project. “These groups don’t mean that much to me, but there’s eight national groups that don’t like Mr. Delaney.

“I’m ‘no’ on Delaney.”