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A Call To Action – Urgent

February 6, 2023

TO:  Advocates for  Sexual Assault Survivors and Children

RE:  Michael Delaney’s nomination for Federal Judge for Boston-based 1st US Circuit Court of Appeals 

Dear Advocate, 

This is a call to action for all advocates and allies of sexual assault survivors. The White House nomination of Michael A. Delaney to a Federal Judgeship in the US Court of Appeals in Boston will be reviewed in the Senate Judiciary Committee on Wednesday, February 15, at 10:00 am in Room 226 of the Dirksen Senate Office Building in Washington, DC.  

The Boston Globe article titled “A Problematic Nominee” by Yvonne Abraham can be accessed in our newsroom: “A problematic nominee” – I Have The Right To.

Delaney’s nomination is deeply concerning. As a defense attorney for St. Paul’s School in Concord, NH, he went beyond providing a “vigorous defense” for his client and employed intimidation and shaming tactics to silence a victim of sexual violence.  (“Claiming the right to her own name, “ 8/31/16, The Boston Globe). 

In Delaney’s representation of St. Paul’s School, he breached widespread accepted legal and ethical practices by challenging the anonymity of a 15-year-old sexual assault survivor and minor in his legal filing. The motion served no substantive legal purpose, but the threat of outing a minor Jane Doe was clear.

If confirmed, Michael Delaney’s appointment to this important position will send a chilling message to survivors of sexual assault and advocates. 

Every victim who has come forward publicly and every advocacy group supporting survivors has been forced to face off with a Delaney, a lawyer willing to cross ethical boundaries to protect rape culture to the massive detriment of victims of sexual violence. 

As we all know, the systems and structures are stacked against victims and survivors. This is why so many victims remain silent about their abuse. We do not need judges with track records of silencing victims and being active apologists for complicit institutions sitting on the benches of our courts. We need to make our voices heard!

Survivors and children bear the impact of our inaction and silence.  By speaking out today against this nomination and the practice of “naming and shaming” sexual assault survivors, especially minors or those who do not wish to be named, we can create an ecosystem of justice and healing for victims of sexual violence.

We ask you to take  action.  Please take the following steps to make your voice heard:

  • If your Senator is a member of the Senate Judiciary Committee, contact your Senator by phone and use the language below (see list of members and contact information below)
  • If your Senator is not a member of the Senate Judiciary Committee, copy and paste the language below and send an email to the Committee at this address: info@judiciary-dem.senate.gov 
  • Use this language:
    • My name is ____________, and I’m calling/writing about President Biden’s nomination of Michael A. Delaney to the US Court of Appeals in Boston. I am asking that Senator ___________ vote “NO” to his nomination. Michael Delaney is not ethically qualified to sit on the bench. In his representation of St. Paul’s School in Concord, NH, according to legal experts and victim’s rights advocates, he breached widespread legal and ethical practices. He challenged the anonymity of a 15-year-old sexual assault survivor and minor under the law, Chessy Prout, in a legal filing.  If confirmed, his Judgeship will send a chilling message to survivors of sexual assault and advocates and be another “win” for silencing survivors and preserving rape culture. We need our public officials to protect all citizens and help those who have been silenced and underserved for too long –  survivors of sexual violence. Thank you.

You can take these additional steps to support survivors and students:

  • Share this blog post with your friends and colleagues
  • Sign the I Have The Right To Pledge today Sign The Pledge – I Have The Right To
  • Follow I Have The Right To on LinkedIn, Instagram, and Facebook

Senate Judiciary Committee

Chair: Senator Dick Durbin, D-IL, 202.224.2152

Ranking Member: Senator Chuck Grassley, R-IA, (712) 233-1860

Senator Jon Ossoff, D-GA, (202) 224-3521

Senator Dianne Feinstein, D-CA, (202) 224-3841

Senator Peter Welch, D-VT, (202) 224-4242

Senator Sheldon Whitehouse, D-RI, (202) 224-2921

Senator Amy Klobuchar, D-MN, (202) 224-3244

Senator Chris Coons, D-DE, (202) 224-5042

Senator Richard Blumenthal, D-CT, (202) 224-2823

Senator Mazie Hirono, D-HI, (202) 224-6361

Senator Cory Booker, D-NJ, (202) 224-3224

Senator Alex Padilla, D-CA, (202) 224-3553

Senator Lindsey Graham, R-SC, (202) 224-5972

Senator John Cornyn, R-TX, (202) 224-2934

Senator Mike Lee, R-UT, (202) 224-5444

Senator Ted Cruz, R-TX, (202) 224-5922

Senator Josh Hawley, R-MO, (202)-224-6154

Senator Tom CottonR-AR, (202) 224-2353

Senator John Kennedy, R-LA, (202) 224 4623

Senator Thom Tillis, R-NC, (202) 224-6342

Senator Marsha Blackburn, R-TN, (202) 224-3344

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