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leadership conference on civil and human rights
Islamophobic Smear Campaign Against 'Historic' Judicial Nominee Condemned
"We urge senators to assess Mr. Mangi's nomination based on his credentials and qualifications for the job, not his religion, race, or ethnicity."
Apr 02, 2024
A coalition of over 125 rights groups on Tuesday urged the U.S. Senate to vanquish an onslaught of Islamophobic attacks and confirm Adeel Mangi, who would be the first Muslim American to serve on a federal appeals court.
As some right-wing Democrats consider joining with Republicans to block his nomination to the U.S. Court of Appeals for the 3rd Circuit, the groups explained in a letter to senators that they came together to support the Oxford- and Harvard-educated attorney, "highlight Mr. Mangi's tremendous qualifications, and condemn the baseless and bigoted attacks being waged against this exceptional and historic nominee."
"Mr. Mangi is fair-minded, brilliant, and has shown throughout his impressive legal career a steadfast dedication to equal justice for all, and he will be a tremendous judge on the 3rd Circuit," the coalition wrote of the Pakistani-born partner at Patterson Belknap Webb & Tyler LLP, who appeared before the Senate Judiciary Committee in December.
"History will remember this powerfully important moment for the future of equal justice in America."
Given his "impeccable qualifications" and the historic nature of his nomination, "an outstanding nominee like Adeel Mangi should be celebrated and embraced," the coalition argued. "The anti-Muslim tropes and unfounded assertions against him are the kinds of stereotyping that have long driven Islamophobia, which is on the rise. They also send a dangerous message to communities across the nation and potential future lawyers and judges that their path to the bench and desire to serve our nation will be obstructed by unfounded accusations based solely on their identity."
Since Israel responded to the Hamas-led October 7 attack by launching a U.S.-backed assault on the Gaza Strip that has been widely condemned as genocidal, there have been documented surges in both Islamophobic and antisemitic attacks in the United States. The Council on American-Islamic Relations said Tuesday that it received 8,061 complaints of Islamophobia nationwide last year—the most in CAIR's 30-year history—and they were largely driven by the war.
"Despite the anti-Muslim vitriol Mr. Mangi endured during his confirmation hearing, he repeatedly while under oath condemned antisemitism and terrorism with tremendous decorum and professionalism befitting the temperament sought for these important appointments to the federal bench," notes the letter. "He did so despite facing unfair, unfounded, and hostile questions, many of which were deeply offensive. Further, since his hearing, there has been a coordinated media campaign to amplify baseless attacks on his character."
"We urge senators to assess Mr. Mangi's nomination based on his credentials and qualifications for the job, not his religion, race, or ethnicity. We ask that senators denounce the Islamophobic attacks on Mr. Mangi and on all Muslims," the letter concludes. "History will remember this powerfully important moment for the future of equal justice in America."
Led by the Leadership Conference on Civil and Human Rights, the coalition also includes the American Federation of Teachers, Asian Americans Advancing Justice, Bend the Arc: Jewish Action, Center for Constitutional Rights, Disability Rights Advocates, Earthjustice, Human Rights Campaign, Muslim Advocates, NAACP, National Congress of American Indians, National Homelessness Law Center, Planned Parenthood Federation of America, Presente.org, and Women's March.
Along with several other national organizations, there are state and local groups such as Equality California, Florida Rising, Maine Conservation Voters, Make the Road Nevada, Progress Iowa, Stand Up Alaska, and multiple arms of the NAACP and National Council of Jewish Women.
The White House maintains support for Mangi. Asked about Sens. Catherine Cortez Masto (D-Nev.), Joe Manchin (D-W.Va.), and Jacky Rosen (D-Nev.) opposing him, Press Secretary Karine Jean-Pierre said Monday that "we are doing everything that we can to make sure that he gets through. This Senate should side with qualities that make America exceptional, which Mr. Mangi embodies, not the hateful forces that we're seeing trying to force America into the past."
President Joe Biden's nomination of Mangi was announced on the same day as that of Nicole Berner, who previously worked for Planned Parenthood and the Service Employees International Union before she was confirmed to the 4th Circuit last month.
In a Monday op-ed for The Star-Ledger, Mattan Berner-Kadish—one of Berner's sons with ex-wife Ruti Kadish—wrote: "I am so proud of her and happy that her dream has come to fruition. I am unable, however, to fully celebrate her success."
"What is happening to Adeel Mangi... is a travesty, and when compared to my mother's process, puts in stark relief how incredible this nation can be, and how incredibly cruel it can be as well," Berner-Kadish asserted. "This is a kind, sweet, intelligent man who was thoroughly qualified to be a judge in this country—a judgment confirmed by the American Bar Association, which gave him its highest rating."
"I have no qualms saying that I hope 1,000 more judges like my mother are confirmed around the country. I don't mean lesbians, I don't mean Jews. I mean lawyers who are committed to pursuing public interest careers," he stressed. "I want judges who know what a day of work means for the average American, and how their companies and bosses treat them. I want judges who fought to keep innocent people out of jail. I want judges who worked to protect women's right to control their own bodies. I want judges who did not remove themself or their children from public schools, and know what education looks like for those who attend them. I want our judges to reflect America's diversity and experience."
"For all of those reasons, Adeel Mangi should be a judge right now," Berner-Kadish added. " I don't know if I would agree with all of his rulings, and I doubt he'd be as much of a liberal jurist as I would like. But there is no doubting his qualifications, his professionalism, his fairness, or his judicial temperament. Those aren't the things keeping him off the bench. Racism and Islamophobia are."
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100+ Groups Urge Senate to Build 'Federal Judiciary That Works for All of Us'
"With nearly 100 lifetime judicial vacancies across the nation, the work of building an equal justice judiciary must accelerate."
Jan 17, 2024
With only a year left in Democratic President Joe Biden's first term, over 100 national advocacy groups on Wednesday pressured U.S. senators to step up efforts to build "a federal judiciary that lives up to its promise of equal justice for all."
Former Republican President Donald Trump, the front-runner to face Biden in the November election, had 234 federal judges—largely picked from a right-wing pool of names selected by big money interests—confirmed to lifetime appointments by the Senate. Biden is trailing his predecessor's pace with just 168—among them, 108 women, 111 people of color, and nearly half with "significant experience protecting civil and human rights."
The new coalition letter notes that "the civil rights community has spent decades advocating for a diverse federal judiciary that works for all of us, not just the wealthy and powerful," and the progress made by Biden, Senate Majority Leader Chuck Schumer (D-N.Y.), and Senate Judiciary Committee Chair Dick Durbin (D-Ill.) so far "is remarkable."
Still, given the significant damage done by Trump—who appointed three U.S. Supreme Court justices, establishing a deeply unpopular right-wing supermajority that continues to weigh in on a wide range of crucial issues, from abortion and gun control to political maps and regulatory power—the groups are warning that "the work is not yet finished and there is no time to lose."
"Dozens of these vacancies do not yet have named nominees, including many in Southern and Midwestern states where we have seen a rise in threats to civil and human rights that deeply impact our communities."
"In 2024, the Senate must make it a priority to fill every vacancy on our federal courts with individuals who have a demonstrated commitment to civil and human rights, possess diverse professional experiences including public interest work for social and economic justice, are fair-minded, possess a progressive vision of the law and Constitution, and are reflective and representative of the vast and rich diversity of our country," the coalition wrote to senators.
"With nearly 100 lifetime judicial vacancies across the nation, the work of building an equal justice judiciary must accelerate," the letter stresses. "Dozens of these vacancies do not yet have named nominees, including many in Southern and Midwestern states where we have seen a rise in threats to civil and human rights that deeply impact our communities. Our access to justice—and to federal courts staffed with fair-minded judges—should not depend on where we live."
Sent as federal lawmakers work to avert a looming government shutdown, the letter states that "we recognize the many important issues Congress must focus on this year, but we urge you to make this work a top priority. The federal judges you recommend and confirm this year will serve for decades to come, making these nominations a deeply important part of your legacy."
Led by the Leadership Conference on Civil and Human Rights, the diverse coalition includes the ACLU, Bend the Arc: Jewish Action, Brady, Center for Popular Democracy, Demand Justice, Disability Rights Advocates, Greenpeace, Hip Hop Caucus, Human Rights Campaign, Lambda Legal, NAACP, National Congress of American Indians, National Education Association, National Homelessness Law Center, Planned Parenthood Federation of America, Presente.org, and Stand Up America.
Their letter comes just days before the 51st anniversary of Roe v. Wade, the landmark abortion rights ruling reversed in June 2022. Speaking at a Wednesday briefing, Schumer slammed the "MAGA Supreme Court" for that "calamitous" decision and pledged that Democrats "will never stop fighting to take back the rights from these far-right extremists when America overwhelmingly disagrees with them."
Judicial nominations require simple majority support. Democrats control the Senate but since Sen. Kyrsten Sinema (I-Ariz.) ditched the party in December 2022, their majority has been made up of 48 members—including some right-wingers like outgoing Sen. Joe Manchin (D-W.Va.)—plus two Independents who caucus with them.
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'The American People Deserve Answers': Subpoenas Issued for Crow and Leo
"Today, the Senate Judiciary Committee sent a strong message that the rich and powerful cannot evade scrutiny or accountability," said one advocate.
Nov 30, 2023
Democratic lawmakers on the U.S. Senate Judiciary Committee on Thursday said Republican members' conduct spoke volumes as the GOP used "every permutation" of obstruction to try to prevent the panel from subpoenaing billionaire megadonor Harlan Crow and Federalist Society co-chairman Leonard Leo over their gifts to right-wing U.S. Supreme Court justices—a ploy that ultimately failed.
A committee meeting was marked by a tumultuous back-and-forth between Republicans and Democrats, with lawmakers including Texas GOP Sens. John Cornyn and Ted Cruz accusing the Democrats of enacting a vendetta against conservative justices on the high court with their vote in favor of ordering Crow and Leo to testify.
Both men have refused to provide the committee with information regarding reports that they funded luxury trips and other gifts for right-wing Justices Clarence Thomas and Samuel Alito.
As a leader of the Federalist Society, Leo has also played a key role in securing seats on the Supreme Court for some of its most conservative members, paving the way for the court to overturn Roe v. Wade and significantly weaken states' abilities to regulate gun ownership, among other rulings.
Stand Up America applauded committee Chair Dick Durbin (D-Ill.) and the other Democrats for voting to subpoena Crow and Leo, saying the move—in the face of Republican obstruction and claims that the subpoenas would "destroy" the committee—helped to reassert Congress' role as a co-equal branch of government.
   Â"Billionaires like Harlan Crow believe they can buy loyalty on the Supreme Court, turning our nation's highest court into a political plaything for the ultrawealthy and well-connected," said Brett Edkins, managing director of policy and political affairs for Stand Up America. "Today, the Senate Judiciary Committee sent a strong message that the rich and powerful cannot evade scrutiny or accountability."
"The American people deserve answers," Edkins continued. "Today's vote brings us one step closer to understanding the full scope of Justice Thomas' and Alito's wrongdoing and restoring honesty and integrity to the Supreme Court."
Earlier this month, the Supreme Court announced for the first time the establishment of an ethics code, but advocates said that without any enforcement mechanisms in place, the code would not go far in ensuring an end to lavish gifts like those paid for by Crow and Leo.
"We need a Supreme Court that works for all of us, and we need assurance that it is," said Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights. "Following the court's recent adoption of its own code of conduct, which is insufficient and lacks any mechanism for enforcement, this urgent work must continue."
"As the committee exercises its crucial oversight authority to ensure abuses of power don't go unchecked in our federal judiciary, Congress must continue to act," Wiley said. "It is unacceptable that abuses of power could become more frequent and severe—further corroding the public's faith in our judicial system and undermining our democracy."
Sen. Sheldon Whitehouse (D-R.I.) outlined on social media the efforts Republicans went to on Thursday to stop Democrats from subpoenaing Leo and Crow—invoking the "two-hour rule" which required the meeting to end by 12:00 pm, interrupting the vote repeatedly, and staging a walkout.
"They're also saying we have no business doing this," Whitehouse said. "Wait a second—the judicial conference is a body Congress established, the disclosure laws are laws passed by Congress. The idea that Congress can't oversee how an agency that it created is implementing laws it passed, is frankly nonsense."
Crow told Forbes after the vote that the subpoena was "invalid" and demonstrated "the unlawful and partisan nature of this investigation."
Leo echoed Republican members when he issued his own statement, saying Democrats "have been destroying the Supreme Court; now they are destroying the Senate.
"I will not cooperate with this unlawful campaign of political retribution," said Leo.
The right-wing activist's response did not come as a surprise to progressive critics.
"For wealthy fascists like Leonard Leo, the law is something to exploit, not obey," said veteran journalist Mark Jacob.
The committee could seek to enforce the subpoenas in court or refer the matter to the U.S. Justice Department if Leo and Crow follow through on their threat to not comply with the orders.
As the committee determines how to get to the bottom of the allegations against the right-wing activists, said Wiley, progressives must continue their "ongoing push to confirm highly qualified federal judges who are professionally and demographically diverse and committed to civil and human rights."
"That is how we build an equal justice judiciary that works for everyone," she said. "Communities across the nation depend on federal jurists to fairly administer justice for all people, and we must do whatever it takes to ensure that they do."
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