Many leftist advocacy groups are seriously questioning President Joseph Biden’s nominee to the First Circuit Court of Appeals, citing his handling of a school sexual assault case.
The National Women’s Law Center, the Leadership Conference on Civil and Human Rights, and People for the American Way all raised “grave concerns” about Michael Delaney’s nomination in a memo written to Democrats on the Judiciary Committee and acquired by AWN.
“A review of Delaney’s legal career reveals an inexcusable disregard for survivors’ privacy, safety, and rights, as well as an apparent acceptance of the techniques schools so frequently employ to bully survivors into silence,” the groups stated. “We ask senators to do more investigations into Delaney’s record and background to ensure they are not complicit in driving survivors of sexual misconduct deeper into the shadows.”
The debate surrounding Delaney’s nomination is rare for a Biden judicial candidate, and it is exacerbated by additional reservations expressed by certain Democratic members of the panel. The New Hampshire judicial nominee is being scrutinised in part because he represented St. Paul’s School in a school sexual assault lawsuit. During that case, Delaney filed a petition that would have permitted the juvenile plaintiff to remain anonymous provided she and her representatives agreed not to speak publicly about the matter during the litigation.
Chessy Prout, the victim in the case, went public, and a settlement was eventually made in 2018. Prout recently urged the White House to withdraw Delaney’s nomination in an op-ed in the Boston Globe. Delaney stated during his confirmation hearing that he was a “advocate” for St. Paul’s and that the school “thought that the request to limit [Prout’s] lawyers from trying the case in the media was compatible with her desire to proceed with privacy and anonymity.”
Delaney, a former New Hampshire attorney general, is backed by his home state’s Democratic senators, Jeanne Shaheen and Maggie Hassan, as well as the White House. Hassan and Shaheen have made a strong argument for his confirmation to their colleagues, particularly at this week’s caucus lunch.
Delaney’s allies also highlight support from Susan Carbon, former President Barack Obama’s director of the office on violence against women at the Department of Justice, who wrote that he was “instrumental” in making changes designed “to improve the civil and criminal justice systems for victims of crime” in New Hampshire. Four previous New Hampshire Supreme Court justices nominated by both parties, as well as 29 prior presidents of the New Hampshire Bar Association, have also endorsed him.
“The broad support for Michael Delaney from legal professionals, victim groups, and lawmakers from across the political spectrum speaks to his qualifications, ethics, and commitment to justice over the course of his almost thirty-year career,” said Sarah Weinstein, a spokesman for Shaheen. “Senator Shaheen feels that his record, as well as significant support from persons in the advocacy and legal industries, highlight his capabilities.”
A Hassan spokesperson, Laura Epstein, noted that “Delaney’s robust, bipartisan support from a diverse range of leaders… demonstrates his profound dedication to justice and why he will make an exceptional First Circuit Judge.”
According to White House spokesperson Seth Schuster, the administration “has the utmost respect for sexual assault and domestic violence survivors and expects senators to consider Mr. Delaney’s full record when considering his nomination — just as the White House did before nominating Mr. Delaney to the First Circuit.”
The Senate Judiciary Committee is scheduled to hear Delaney’s nomination next week, although that is subject to change based on attendance. Sen. Dianne Feinstein (D-Calif.) has been absent from the Senate due to shingles. Meanwhile, Senate Republicans have made the school sexual assault case a priority and are unlikely to approve his nomination. While no Democrats have officially opposed Delaney, it is unclear whether he has the votes to go through committee.
