The confirmation of President Joe Biden’s nominee for a prestigious federal appeals court seat could be in jeopardy after he was grilled over his role representing an elite boarding school in a sexual assault case and a key Senate Democrat withheld his immediate support.
Former New Hampshire Attorney General Michael Delaney, who has been nominated for the 1st US Circuit Court of Appeals, faced tough questions about the case from Senate Judiciary Committee members during a hearing Wednesday.
“It was a pretty rough hearing, no question,” Judiciary Committee Chairman Dick Durbin told CNN after the hearing. “We’re going to take a closer look at his record.”
Delaney represented the New Hampshire boarding school St. Paul’s in a civil lawsuit brought against the school by the family of a student who had been sexually assaulted by another student. The school ultimately settled the lawsuit, and Delaney defended his approach to the case before the Senate panel on Wednesday. But he was scrutinized by senators for a motion he filed on behalf of the school arguing that the victim, who was a minor, should only be allowed to proceed with the case anonymously if certain conditions were met.
Durbin, who asked Delaney about the case, was one of only two Democratic members of the committees who showed up to question Delaney at the hearing. The other, Hawaii Sen. Mazie Hirono, told CNN she was inclined to support him; however, Durbin indicated after the hearing he was still undecided.
Another Democratic senator told CNN that the nominee “has real problems” and believes that neither Delaney nor the White House fully thought through this nomination. The senator was uncertain whether to vote for the nominee.
The White House is standing behind the nomination. Biden and Senate Democrats are hoping to keep up with what was a notable judicial…
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