The White House is expected to withdraw the nomination of Michael Delaney to a U.S. circuit court seat because he doesn’t have the votes to be confirmed, HuffPost has learned.
It’s the first time Biden will withdraw one of his judicial picks.
Delaney has been in trouble for months over his legal work on a controversial school sexual assault case and abortion rights. He’s been repeatedly passed over for a vote in the Senate Judiciary Committee. He was listed on the agenda for a committee hearing on Thursday, but Chair Dick Durbin (D-Ill.) didn’t even mention him.
“He was not called today in committee because he lacks the votes,” said a source familiar with Delaney’s nomination process. “And it is expected that his nomination will soon be withdrawn.”
The White House did not immediately respond to a request for comment.
Sens. Jeanne Shaheen (D-N.H) and Maggie Hassan (D-N.H.) recommended Delaney to the White House in the first place and have stood by his nomination amid the criticisms.
Neither of their offices immediately responded to a request for comment.
