[Congressional Record Volume 169, Number 32 (Thursday, February 16, 2023)]
[Senate]
[Pages S435-S436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                          Judicial Nominations

  Mr. President, on one final matter, yesterday, the Judiciary 
Committee witnessed another disaster of a performance from one of 
President Biden's nominees. This time, the President wants a lifetime 
appointment for a New Hampshire lawyer who represented an ultra-elite 
private high school against a 15-year-old girl who was suing the school 
after she had been sexually assaulted on campus.
  Lawyers serve unpopular tasks all the time, but while representing 
the powerful prep school, Michael Delaney subjected the teenage victim 
and her family to unusually aggressive hardball tactics. They were, 
frankly, shocking.
  The young lady and her family had hoped to file a lawsuit anonymously 
as Jane Doe and persuade the school to change its ways. That was the 
path to accountability. But Mr. Delaney fought the girl's desire for 
privacy and anonymity to use as a weapon against her. He said he would 
only let the girl remain anonymous if she was subjected to a gag order 
about the incident. And he threatened that if the family refused to 
settle on terms favorable to the school and went to trial, he would ask 
the court to reveal her name. In other words, Delaney tried to turn a 
teenage victim's privacy into a hostage to help a prep school avoid 
accountability. The girl's father saw Delaney's behavior for what it 
was. He called it a ``threat.''
  The victim says she spoke to the Biden Department of Justice while 
they were vetting Mr. Delaney. Apparently, the administration ignored 
her. So, apparently, did her two Senators. According to the Boston 
Globe, the victim's parents pleaded their case against Delaney to both 
our colleagues from New Hampshire. But instead of taking the family's 
pain to heart, both of their Senators returned blue slips anyway. They 
even personally introduced Delaney at his hearing.
  Democrats have long claimed they want empathy in their judges. I 
prefer, frankly, neutrality and faithfulness to the Constitution, 
myself, but empathy is what liberals say they want. I defy anyone to 
watch yesterday's hearing and find one ounce of empathy in Delaney for 
this child victim.
  My colleagues across the aisle will have to catch a rerun because 
almost none--listen to this--almost none of the Judiciary Committee 
Democrats could even bring themselves to show up for yesterday's 
hearing. They avoided the hearing. They didn't want to hear it.
  But guess who did attend. The brave young woman's family was there. 
They wanted Delaney to know they will never forget how he treated their 
daughter.
  So I would urge the President to reconsider this nomination and urge 
my colleagues to reject it.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.

[[Page S436]]

  The senior assistant legislative clerk proceeded to call the roll.
  Mr. THUNE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.