Michael Delaney, nominated for the 1st U.S. Circuit Court of Appeals, based in Boston, said in written testimony to senators that he did not write the 2005 brief and otherwise had “extremely limited involvement” in the case that was brought while he was deputy attorney general in New Hampshire.

But the signing of the brief, along with scrutiny of his representation of St. Paul’s School, a private boarding school in New Hampshire that was sued in connection with a sexual assault, is complicating a confirmation fight in which the White House has little room for error.

[Delaney’s making a mistake. He should be defending the necessity of providing vigorous representation to clients within the bounds of the law, not trying to pass the buck on this principle. In the first place, it’s a weak attempt to dodge the issue, but more importantly, it concedes crucial constitutional ground in criminal justice. — Ed]