President Biden has watched three high-profile nominees flop in the Senate this year after Democrats failed to rally around them. Republicans say these failures should be a “wake-up call” that Biden cannot be expected to confirm his “extreme” nominees.
On Thursday, Michael Delaney, nominated for the First Circuit Court of Appeals, withdrew his nomination after it became clear he would not get enough Democratic support on the Senate Judiciary Committee to move forward.
It was unclear which Democrat or Democrats on the committee would not support Delaney. But they appear to have been influenced by Delaney’s actions in 2014, when he represented a private school involved in a high-profile student assault lawsuit and allegedly used “hardball tactics” in the effort to eliminate the alleged anonymity of the victim during the trial.
While the White House has insisted that Delaney is a highly qualified nominee, he appears to be burdened by an outpouring of calls to the committee saying he should not serve on the bench because of his role in the case. Delaney marks the third nominee from the White House this Congress to withdraw from the process in a Democrat-led Senate.
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President Biden has three failed nominations so far in this Congress. (Kevin Dietsch/Getty Images)
In March, Gigi Sohn, Biden’s pick for the Federal Communications Commission (FCC), subsequently withdrew her nomination Sen. Joe Manchin, DW.Va., he said he would join all Republicans in voting against him. Conservatives called him a “left-wing partisan activist,” and Democrats took issue with “past ethical problems,” according to Sen. Ted Cruz, R-Texas.
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Also in March, Phillip Washington, nominated to head the Federal Aviation Administration (FAA), withdrew his nomination after Democratic senators Krysten Sinema, I-Ariz., and John Tester, D-Mont. , is reportedly opposed. Washington has faced criticism for his minimal experience in the aviation industry, and he was embroiled in an investigation into corruption allegations during his time as CEO of LA Metro.
He is also a party to a lawsuit as CEO of Denver International Airport alleging discriminatory and retaliatory practices.
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President Biden speaks about the economy at the International Union of Operating Engineers Local 77 facility in Accokeek, Md., April 19, 2023. (Jim Watson/AFP via Getty Images)
Transportation Secretary Pete Buttigieg said at the time of Washington’s departure that he was “a great nominee.”
Cruz urged Biden to nominate someone else with an “extensive” aviation background who could “earn broad bipartisan support in the Senate and keep the flying public safe.”
Republicans said this week that these failed nominations should send a message to the White House and even some Democrats on the committee that they must choose moderate nominees to win approval in a Senate Democrat that is narrowly leading 51-49.
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“I don’t think this committee, nor our Democratic colleagues, have learned their lesson about rubber-stamping inappropriate, extreme party-line nominees,” said Sen. Tom Cotton, R-Ark.
He noted that Rachel Rollins, the disgraced US Attorney in Massachusetts, resigned this week after she was found to have abused her office by committing “egregious” ethics violations. Republicans warned against Rollins during his nomination process, but Cotton said those warnings were ignored and dismissed as partisan by Democrats who voted unanimously to advance his nomination.
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“I hope that my Democratic colleagues will begin to realize that when we raise serious concerns about, not just the professional record but the character and integrity of the nominees, it’s worth listening with an open mind, ” said Tom Cotton on Thursday. (Anna Moneymaker/Getty Images)
“Republicans have given bipartisan support to most of the president’s nominees. I hope my Democratic colleagues will begin to realize that when we raise serious concerns, not only about the professional record but the character and integrity of the nominee, it’s worth listening to. with an open mind,” Cotton said Thursday.
Ranking committee member Lindsey Graham, RS.C.warned Thursday that having a majority on the committee meant that the majority party could “pick people who are pushed by the majority of partisan people on both sides of the aisle.
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“And I will continue to support the discretion of my colleagues, working with the White House to select people … but it cannot be without limits. So, Mr. Chairman, this is kind of a wake-up call for us all.”