Biden’s appeals court nominee faces rare Democratic scrutiny

By SEUNG MIN KIM
Associated Press

WASHINGTON (AP) — One of President Joe Biden’s nominees to a federal appeals court has generated rare concern from some Democrats and outside groups. They question the nominee’s involvement in a legal brief defending a New Hampshire parental notification law, injecting the issue of abortion into the confirmation fight from an unexpected flank. Michael Delaney is nominated for the Boston-based 1st U.S. Circuit Court of Appeals. Also sparking questions was Delaney’s representation of a private boarding school sued over a sexual assault. New Hampshire’s two Democratic senators support Delaney’s confirmation. Up to four other Democrats in the closely divided Senate have reservations. Delaney said in written testimony to senators he did not write the 2005 brief.