The White House is expected to withdraw Michael Delaney’s nomination for a US District Court seat, HuffPost has learned, because he does not have the votes to confirm him.
It is the first time that Biden has reversed one of his judicial decisions.
Delaney has been in trouble for months over his legal work in a controversial school sexual assault and abortion rights case. He was repeatedly passed over in the Senate Judiciary Committee vote. It was on the agenda for a committee hearing Thursday, but Chairman Dick Durbin (D-Illinois) didn’t even mention it.
“He was not appointed to the committee today because he lacks votes,” said a source familiar with Delaney’s nomination process. “And his nomination is expected to be withdrawn soon.”
The White House did not immediately respond to a request for comment.
Senators Jeanne Shaheen (DN.H.) and Maggie Hassan (DN.H.) recommended Delaney to the White House in the first place and stuck to his nomination despite criticism.
Neither of their offices immediately responded to a request for comment.