Senate Judiciary Committee chairman Dick Durbin (D., Ill.) scheduled a markup hearing for Michael Delaney for Thursday, a reversal of fortune for President Joe Biden’s nominee for the First Circuit. Just one week ago, Durbin omitted Delaney’s name from scheduled markup hearings as the family of a sexual assault victim spoke out against the nomination. The Judiciary chairman acknowledged Monday that important issues about Delaney’s character have been raised. New Hampshire senators Jeanne Shaheen and Maggie Hassan have led the charge on Delaney’s nomination despite unified Republican opposition and outcry from victims’ rights advocates.

The controversy surrounding Delaney stems from when he represented New Hampshire’s St. Paul’s School in a 2016 civil suit against Chessy Prout, then a minor who was sexually assaulted on campus when she was 15 years old. During proceedings, Delaney attempted to strip Prout’s anonymity, a move Prout’s family called an act of intimidation.

The victim’s father, Alex Prout, told the Washington Free Beacon that his family would attend the markup meeting “as a reminder that the voices of survivors need to be heard.”

[That should make for an uncomfortable set of optics for Joe Biden and the White House. That’s especially true given the Senate math at the moment, which appears to have doomed Gigi Sohn’s confirmation to the FCC … again. Until Fetterman and Feinstein return to the chamber, Delaney won’t go anywhere — and it’s still a question whether Manchin, Sinema, and other red-state 2024 incumbents want to climb out on this limb. — Ed]