One of President Biden’s nominees to a federal appeals court has generated rare concern from some Democrats and outside groups over his signature on a legal brief defending a parental notification law in New Hampshire, injecting the issue of abortion into his confirmation fight from an unexpected flank.
Michael Delaney, nominated for the 1st U.S. Circuit Court of Appeals, based in Boston, said in written testimony to senators that he did not write the 2005 brief and otherwise had “extremely limited involvement” in the case that was brought while he was deputy attorney general in New Hampshire.
In this case, both New Hampshire Democratic senators, Jeanne Shaheen and Maggie Hassan, strongly back Delaney and are deeply respected by other senators. Both are also fierce supporters of abortion rights. “For me personally, reproductive rights is a fundamental, core issue,” Blumenthal told The Associated Press. “And I think I’d want to know why he put his name on the brief and what it reflects in his personal view.”
Lynch said he disagreed with then-Attorney General Kelly Ayotte on the Planned Parenthood case. “When Mike became my legal counsel, he worked with me to successfully repeal the law at issue in the case,” he said. The White House continues to support Delaney’s nomination. Privately, White House officials are concerned that focusing on one motion or case could set a precedent for Republican opponents of Biden’s picks to undermine other candidates for the bench, according to a person with knowledge of the internal deliberations who insisted on anonymity to discuss them.
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