Feinstein’s comeback fails to secure confirmation for NH judicial nominee.

89-Year-Old Senator Dianne Feinstein Makes a Dramatic Return to Advance Biden’s Stalled Nominations

Democrats were able to push through three of President Joe Biden’s controversial court nominees thanks to the surprise appearance of 89-year-old Democratic senator Dianne Feinstein (Calif.). After a months-long medical absence, Feinstein arrived over an hour late to the Senate Judiciary Committee meeting, where she cast the deciding vote for each of the three nominees. However, her vote was not enough to bring Michael Delaney, a controversial judicial nominee to the First Circuit Court of Appeals, over the finish line.

Feinstein’s Late Arrival Causes a Stir

Feinstein’s appearance at the Senate Judiciary Committee meeting was a major question mark on Thursday morning, with committee chairman Dick Durbin (D., Ill.) noting at the top of the meeting that he was waiting for Feinstein’s arrival to move forward with votes on the long-stalled judicial nominees. “I know [Feinstein has] been through some significant health challenges, and we all wish her the very best,” he said.

Even after Feinstein’s arrival, Durbin only brought up three of the seven nominees on the agenda, opting against a vote on Delaney’s nomination—an indication that Democrats don’t have the votes to advance him even with Feinstein in attendance.

Controversial Nominee Michael Delaney

Delaney has come under fire for his handling of an underage sexual assault case. As an attorney representing an elite private school, Delaney publicly identified a 15-year-old sexual assault victim who was suing the academy for negligence. As the attorney general of New Hampshire, he also declined to prosecute the largest Ponzi scheme case in New Hampshire history.

Approved Nominees

The three nominees approved by the committee in party-line votes were:

• Eastern District of Washington pick Charnelle Bjelkengren
• Colorado district court nominee Kato Crews
• California district court nominee Marian Gaston

Bjelkengren struggled during her confirmation hearings and couldn’t identify Article II or V of the U.S. Constitution. Crews had difficulty answering a basic question of criminal law. Gaston has argued for repealing laws that block sex offenders from living near schools.

Ted Cruz’s Criticism

Senator Ted Cruz (R., Texas) criticized the approved nominees, calling Bjelkengren the “least-qualified nominee I’ve seen in 11 years serving on this committee” and Gaston “moonbat crazy” for her stance on sex offender laws. Cruz also indicated that the committee was about to push through “several nominees who are so extreme, who are so unqualified, that they could not have a prayer of getting even a single Republican vote on this committee.”

Despite Cruz’s criticism, the approved nominees won unanimous support from Democrats, something Delaney appears unable to attain.

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