With the Senate nearly evenly divided, Senate Democrats do not have many votes to spare when it comes to confirming President Biden's judicial nominees, particularly those nominated to appellate courts. Repubilcans have been fairly united in opposing most of Biden's circuit court picks, so even a few Democratic defections or absences can prevent a nominee from advancing.
The Associated Press reports that Biden's nomination of Michael Delaney to the U.S. Court of Appeals for the First Circuit may be in trouble because, among other things, when he was a deputy attoreny general in 2005, he signed a brief defending the constitutionality of a New Hampshire law requiring parental notification before a minor could obtain an abortion. From the AP report:
At issue is a New Hampshire law, passed in 2003 but repealed in 2007, that required minors to tell their parents before they obtained an abortion. As the state's deputy attorney general, Delaney was among those who signed a brief submitted to the U.S. Supreme Court that defended the law because it "does not present a substantial obstacle to any woman's right to choose an abortion."
The law, according to the brief filed in the case, Ayotte vs. Planned Parenthood of Northern New England, "promotes compelling state interests, not the least of which is protecting the health of the pregnant minor by providing an opportunity for parents to supply essential medical history information to the physician."
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.
