Delaney Withdraws from Consideration for First Circuit Following Advocate Pressure

May 18, 2023 Press Release

Washington, D.C. — Michael Delaney has officially withdrawn his consideration for nomination as a United States Circuit Judge for the U.S. Court of Appeals for the First Circuit following opposition to his nomination based on serious issues raised in a letter from a coalition of eight advocacy organizations including American Economic Liberties Project. In response, the Economic Liberties released the following statement.

“We’re pleased to see Michael Delaney withdraw from consideration for a First Circuit judicial appointment,” said Katherine Van Dyck, Senior Legal Counsel at the American Economic Liberties Project. “Delaney’s track record clearly demonstrates a firm allegiance to corporate power, and an animosity toward efforts to hold corporations accountable. At a moment when the Biden administration is leading efforts to take on corporate lawlessness, Delaney was an unsuitable choice for a lifetime appointment. We look forward to identifying strong nominees who can better serve the American people, and we look forward to working with the Biden administration and the U.S. Senate to put one of them on the bench.”

In a Senate Judiciary hearing this morning, Senator Lindsay Graham noted the growing opposition to Delaney’s nomination, holding up the coalition letter spearheaded by the American Economic Liberties Project as an example.

In private practice, as Deputy Attorney General for New Hampshire, and as a volunteer member of the New England Legal Foundation’s Board of Directors, Michael Delaney routinely acted in a manner that should concern all Democrats on the Senate Judiciary Committee. He not only opposed victims’ rights, reproductive rights, and employee rights, he also supported challenges to administrative agencies’ authority and volunteered his time for an organization that champions limited government. This uncompensated advocacy work reveals Delaney’s true views on the law and government and raises concerns about his potential rulings from the First Circuit bench, particularly at a time when federal agencies face mounting constitutional challenges to their existence and as the Biden administration works to challenge concentrated economic power.

The full list of organizations that signed the letter include American Economic Liberties Project, Demand Progress, Freedom BLOC, Kent Street Coalition, National Employment Law Project, People’s Parity Project, Revolving Door Project, and Strong Economy For All Coalition.

Read the full letter opposing Michael Delaney’s nomination here.

Learn more about Economic Liberties here.


The American Economic Liberties Project works to ensure America’s system of commerce is structured to advance, rather than undermine, economic liberty, fair commerce, and a secure, inclusive democracy. Economic Liberties believes true economic liberty means entrepreneurs and businesses large and small succeed on the merits of their ideas and hard work; commerce empowers consumers, workers, farmers, and engineers instead of subjecting them to discrimination and abuse from financiers and monopolists; foreign trade arrangements support domestic security and democracy; and wealth is broadly distributed to support equitable political power.