Fetterman supports nominee for Philly-based court who’s facing Islamophobic smears but Casey is more noncommittal

Until this week, Pennsylvania’s two Democratic senators had been largely quiet as President Joe Biden’s nominee to a key federal court post in Philadelphia became the target of Islamophobic attacks, which began late last year.

New Jersey attorney Adeel Mangi would be the first Muslim-American appointed to a federal appellate court, but it looks increasingly unlikely that he’ll garner the 51 votes needed for Senate confirmation.

Sen. John Fetterman (D., Pa.) said Wednesday that he’d vote for Mangi’s confirmation and still hoped to see it happen.

“Like clockwork, the right wing fringe is spreading misinformation and innuendo simply because of his faith,” Fetterman said in a statement to The Inquirer. “I support this historic nomination and look forward to seeing him confirmed.”

Sen. Bob Casey, a Democrat who is up for reelection in November, was more noncommittal, indicating he’d be open to supporting Mangi if he comes up for a vote.

“Senator Casey believes that all qualified judicial nominees deserve serious consideration by the Senate,” Casey spokesperson Maired Lynn said in a statement. “Adeel Mangi has had a distinguished legal career and would make history as the first Muslim American on the appellate court. Should his nomination come to the Senate floor for a vote, Senator Casey will make his determination based on his qualifications and fitness.”

Mangi’s chances of confirmation appear slim in the Senate, where Democrats hold a narrow 51-49 majority and judicial nominations have increasingly become politicized.

Senate Majority Leader Chuck Schumer (D., N.Y.) is unlikely to call Mangi up for confirmation unless he knows his party has the votes. Sen. Catherine Cortez Masto (D., Nev.) said late Tuesday she would vote against Mangi’s nomination, meaning one more Democratic defection would scuttle Mangi’s chance even with Vice President Kamala Harris’ tie-breaking vote.

Mangi, who lives in Jersey City and works at a corporate law firm in Manhattan, was nominated in November by Biden to serve on U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands.

During his confirmation hearing at the Judiciary Committee in December, Sens. Ted Cruz (R., Texas) and John Kennedy (R., La.) asked Mangi if he supported Hamas or celebrated 9/11. They cited Mangi’s role from 2019 to 2023 as an advisory board member for the Rutgers Center for Security, Race and Rights, which is part of Rutgers Law School, as pretext for the questions. The center’s director has taken stances supporting Palestinians and hosted events featuring controversial speakers.

Following the hearing, several Jewish organizations and the Anti-Defamation League released a statement condemning the “inappropriate and prejudicial treatment” Mangi received.

But the line of questioning was promoted by the right-wing Judicial Crisis Network, which released ads blasting “antisemite Adeel Mangi” and falsely implying that Mangi, who was born in Pakistan, “blamed America for the September 11 terrorist attacks.”

Those ads specifically targeted Casey and two other Senate Democrats up for reelection.

Several national law enforcement groups also opposed Mangi’s confirmation on the grounds that he is an advisory board member of Alliance of Families for Justice, a criminal justice reform group that supports families of prisoners.

Some of Mangi’s critics pointed to a fellowship the organization sponsored honoring one of its co-founders, Kathy Boudin, a woman who pleaded guilty to felony murder for being the getaway driver in a robbery that killed two police officers in 1981.After her release from prison, Boudin held adjunct positions at Columbia University and New York University School of Law.

Mangi, whose area of practice largely focuses on false advertising, trade secrets, and intellectual property, became affiliated with the AFJ after helping a family referred to him by the group secure a $5 million settlement over the 2015 death of a New York state prisoner.

In 2017 and 2018, Mangi successfully represented a group of Muslims who sued Bayonne, N.J.,, over the city’s zoning board’s denial of an application to build a mosque.

The influential Third Circuit is currently made up of seven Republican-appointed judges and six Democratic-appointed judges. If a nominee isn’t confirmed ahead of November’s presidential election, it could enable former President Donald Trump to fill the vacancy if he prevails over Biden in their expected rematch.

The White House has argued that if the opposition to Mangi’s confirmation succeeds it could fuel future false and Islamophobic attacks.

White House spokesperson Andrew Bates noted Mangi has received endorsements in recent weeks from law enforcement groups, as well as retired federal appeals Judge Timothy Lewis, who was appointed by President George H.W. Bush.

“Mr. Mangi, who has lived the American Dream and proven his integrity, is being targeted by a malicious and debunked smear campaign solely because he would make history as the first Muslim to serve as a federal appellate judge,” Bates said. “Every Senate Democrat should side with the qualities that make America exceptional – which Mr. Mangi embodies – not the hateful forces trying to force America into the past.”

Sen. Cory Booker (D., N.J.), who has been a vocal defender of Mangi, said Wednesday that the New Jersey resident’s handling of the smears “only reinforces his commitment to upholding and advancing the fundamental values we all hold as Americans.”

In Pennsylvania, a group of Muslim-American and Asian-American state and local elected officials, including: State Reps. Tarik Khan (D., Phila.) and Jason Dawkins (D., Phila.); State Sens. Nikil Saval (D., Phila.) and Sharif Street (D., Phila.); Montgomery County Commissioner Neil Makhija; and Philadelphia City Councilmember Nina Ahmad, issued a statement urging the Senate to move Mangi’s nomination forward.

“We are extremely disturbed that the nomination of a highly qualified judicial nominee would be in doubt because of the fact he is Muslim,” the statement said. “Hate has no place in Pennsylvania or in the judicial system – just look to the image of blindfolded Lady Justice, which reminds us that justice is blind and should not be based on appearance.”