Despite “grave concerns” from civil rights groups about his treatment of sexual assault victims and his stance on abortion, Sens. Maggie Hassan and Jeanne Shaheen continue pushing Michael Delaney’s judicial nomination through the Senate. It is scheduled to be taken up by the Senate Judiciary Committee on Thursday where its fate there is uncertain.
Delaney, a well-connected New Hampshire Democrat, was nominated by President Joe Biden, with the enthusiastic support of Hassan and Shaheen, to serve on the U.S. Court of Appeals for the First Circuit. Though he is a former New Hampshire attorney general, Delaney is best known for his bare-knuckled legal defense of tony St. Paul’s boarding school in Concord in the wake of an on-campus sexual assault. One of Delaney’s tactics was to threaten to strip the teenage victim of her anonymity if she insisted on pursuing the case.
That victim, Chessy Prout, chose to go public. She has since become an outspoken advocate of victims’ rights.
Several victim advocacy groups have announced their opposition to Delaney’s nomination. Now a group of civil rights organizations, including the National Women’s Law Center, The Leadership Conference on Civil and Human Rights, and People for the American Way, is expressing “grave concerns” about the nominee.
“A look at Delaney’s legal career includes an egregious lack of respect for the privacy, safety, and rights of survivors and an apparent endorsement of the practices schools so often use to intimidate survivors into silence,” they wrote in a letter to Democrats on the Senate Judiciary Committee and first published by Politico.
“At a time when survivors are shamed for exercising their civil rights to be free from sex discrimination in education, it is essential that we call out the actions of those in power who seek to minimize the trauma, needs, and lived experiences of survivors. Accordingly, we urge senators to further examine Delaney’s record and background and ensure they are not complicit in pushing survivors of sexual misconduct further into the shadows.”
The letter follows calls by Chessy Prout’s family for Delaney’s nomination to be withdrawn.
“The feelings of survivors, the rights of survivors are not a political issue. This should be something that is basic and fundamental from a human perspective,” Chessy’s father Alex Prout told WMUR. “And there should be some recognition that what Delaney did was wrong.”
Multiple media reports indicate Republicans are united against Delaney’s nomination, meaning he will need unanimous support from Democrats, including some like Sen. Kirsten Gillibrand (D-N.Y.) who embraced the #MeToo movement and its demand to “believe all women.”
And, the civil rights groups added, “the lack of clarity about Delaney’s role in the New Hampshire Attorney General’s defense of its draconian Parental Notification Prior to Abortion Act raises potential concerns.”
None of the controversies have dampened the enthusiasm of New Hampshire’s two senators who continue championing Delaney’s nomination.
“Sen, Shaheen believes that both his record and strong backing from individuals in the advocacy and legal sectors underscore his qualification,” Shaheen’s spokesperson Sarah Weinstein told Politico.
Laura Epstein, a Hassan spokesperson added, “Delaney’s strong, bipartisan support from a wide cross-section of leaders … underscores his deep commitment to justice and why he will make for an excellent First Circuit Judge.”
Christine Peters with the New Hampshire Federation of Republican Women called out the two senators for “virtue signaling” on the issue of supporting victims.
“Our two senators, Jeanne Shaheen and Maggie Hassan, have made much of their dedication to protecting survivors of sexual violence,” Peters said. “Shaheen’s website brags about her role in establishing the Sexual Assault Survivors’ Bill of Rights, Hassan’s of providing critical, life-saving support to survivors via VAWA (Violence Against Women Act).
“But all this amounts to little more than virtue signaling in the face of their gleeful support of Biden judicial nominee, Michael Delaney. His motion to force the identification of a minor sexual assault victim forced Chessy Prout to give up the protection and support that Hassan and Shaheen claim to spearhead for survivors.”
Will senators facing tough re-election fights in 2024, like Jon Tester (D-Mont.) and Joe Manchin (D-W.V.) vote for such a controversial nominee?
“While no Democrats have come out publicly against Delaney, it’s not clear he has the votes to get through committee,” Politico reported.
