Biden's appeals court nominee faces rare Democratic scrutiny

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Biden's appeals court nominee faces rare Democratic scrutiny
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One of President Joe Biden’s nominees to a federal appeals court has generated rare concern from some Democrats and outside groups

FILE - New Hampshire Attorney General Michael Delaney speaks about drug abuse issues in Concord, N.H., Feb. 22, 2013. One of President Joe 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. Delaney, nominated for the 1st U.S.

Delaney’s case will test how far Biden will push Democrats to support his nominees to the federal bench even after the White House set records in the number of appointments in his first two years. It will also test the power of personal persuasion in the clubby Senate, whose members can often be influenced by fellow members whose counsel they trust.

Delaney's involvement is detailed in response to written questions from Sen. Dianne Feinstein, D-Calif., that he submitted after his confirmation hearing last month. But his signature on the brief has caused consternation for Sen. Richard Blumenthal, D-Conn., a member of the Senate Judiciary Committee and a strong supporter of abortion rights.

In a statement to the AP, former New Hampshire Gov. John Lynch, a Democrat, said: “Mike Delaney strongly supports women’s reproductive freedom." Saying federal judges should have a record that “evidences fairness, independence, fidelity to constitutional values, and respect for the individuals who appear before the court seeking justice,” the group wrote in the letter that ”unfortunately, after reviewing the record, we do not think that Mr. Delaney possesses those important qualifications.”

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