President Joe Biden has struggled to fill a number of vacancies, especially within the federal judicial system.
According to the Washington Examiner, his latest selection seems to have fizzled out. Michael Delaney's nomination has reportedly been withdrawn due to what sources familiar with the news say is the awareness of a lack of confirmation votes.
While part of the problem for Biden's White House as far as confirmations were concerned was the absence of Sen. Dianne Feinstein (D-CA) for several months, it appears that Delaney simply couldn't muster the support needed for the job.
Biden nominee for the 1st Circuit Michael Delaney is beyond problematic. pic.twitter.com/Gek58b06ca
— Senator Ted Cruz (@SenTedCruz) February 15, 2023
The Examiner noted:
The Judiciary Committee did not hold a vote on Delaney’s nomination on Thursday because he lacked the support to be confirmed, according to the source, who also said his nomination is expected to be withdrawn soon.
Delaney's confirmation seems to have been hamstrung by a situation in which he defended a school in a civil suit over a sexual assault case. That took place while Delaney worked as a lawyer.
The White House is withdrawing federal appeals-court nominee Michael Delaney amid controversy over his past work representing a New Hampshire prep school in a sexual assault case https://t.co/uAJZsBZqDf
— The Wall Street Journal (@WSJ) May 18, 2023
The Examiner explained:
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.”
Republican Senate Minority Leader Mitch McConnell (R-KY) said about Delaney: "In other words, Mr. Delaney tried to turn a teenage victim’s privacy into a hostage to help a prep school avoid accountability."
Another hot-button issue that seems to have sunk proper support for Delaney's ascension to the federal bench was the fact that he signed a brief regarding a U.S. Supreme Court case from 2005 that revolved around an abortion law in New Hampshire.
The law, which required parents to be notified if a minor sought an abortion, was originally passed in 2003 but later repealed in 2007, with Delaney's support.
The outlet noted that Delaney lacked support from several Democrats -- and Republicans -- on the Senate Judiciary Committee.
It's unclear if Biden's White House will try another nominee, now that they have full voting power on the powerful Judiciary Committee.
Perhaps if Biden would choose nominees based on merit, he might have a little more luck on getting people confirmed for critical jobs.