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Shades of partisanship in Senate Judiciary as lawmakers consider year’s first court nominees

The panel took on nearly two dozen White House appointments in its first business meeting of the year, but not without ruffling some feathers.

WASHINGTON (CN) — It was business as usual in the Senate Judiciary Committee Thursday as lawmakers sparred over a laundry list of federal court nominees, some of whom drew harsh rebukes from the panel’s Republican contingent.

The upper chamber’s legal affairs panel — charged with approving the White House’s appointees for vacancies in the federal judiciary — advanced 20 district and circuit court nominees, as well as an appointment to the Biden administration’s intellectual property enforcement office, during the marathon business meeting.

Despite smoldering partisan tensions that boiled over during Thursday’s meeting, several of the nominees cleared the committee on a bipartisan basis. Some of that flickering cross-aisle cooperation is thanks to Judiciary Committee Chair Dick Durbin’s support for a longstanding Senate tradition known as blue slipping, said Texas Senator John Cornyn during opening remarks.

“I commend the fact that you recognize the blue slip,” Cornyn told the Illinois Democrat, “and today's markup is a testament to cooperation from my colleagues on the Republican side of the aisle.”

Durbin has long defended blue slips, which allow senators to weigh in on nominees for their home states. Critics of the process, however, have said that the privilege allows lawmakers to obstruct the White House’s judicial agenda by blocking appointments on a political basis.

On Thursday, Cornyn pushed back on that contention, pointing to his and his colleagues’ cooperation with Democrats this Congress.

“There would be no basis to change the current policy,” he said. “Some of the radical factions on the left want to blow up every institutional norm … but as you know, it’s an important institution and prerogative to have home state senators weigh in on judicial nominees.”

Bipartisan support for blue slipping was about where the political good feelings ended, however, as committee Republicans ripped into several of the White House’s appointments.

Among those nominees was Adeel Mangi, who the Biden administration has tapped to fill a vacancy on the Third Circuit. GOP lawmakers have previously criticized Mangi for time he spent on the advisory board of the Center for Security, Race and Rights at Rutgers University.

During a December confirmation hearing, Republicans demanded that the nominee explain anti-Israel statements from program leaders and answer for a 2021 event held by the center, which featured remarks from an academic scholar who was indicted but never convicted of racketeering for an Islamist militant group.

Mangi maintained that he was not aware of the event at the time and that his work on the advisory board was limited to annual meetings about academic topics.

Despite that, Republicans on Thursday doubled down on their criticism.

Texas Senator Ted Cruz acknowledged that it was possible Mangi hadn’t heard of the 2021 event, which coincided with the 20-year anniversary of the 9/11 terrorist attacks, before it happened.

“But you know what he didn’t do,” the lawmaker said. “He didn’t resign after it happened. He didn’t say: ‘Whoa, I didn’t know that this is what you guys were doing.’”

Cruz also pointed to Mangi’s continued participation on the advisory board — he was a member from 2019 to 2023 — and thousands of dollars in donations made to the center by the nominee and his law firm.

“He didn’t denounce any of this,” the Texas Republican said.

Tennessee Senator Marsha Blackburn cited an op-ed published Wednesday in the Washington Times which referred to Mangi as “Hamas’ favorite judicial nominee.” The article’s header photo features a doctored image of the nominee’s face, his eyes obscured by the Hamas flag.

Blackburn argued that Mangi was not only on the Rutgers program’s advisory board but that he was also “actively participating with that center.”

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New Jersey Senator Cory Booker came to Mangi’s defense, accusing GOP lawmakers of attempting to prosecute a strategy of “guilt by association” against the nominee.

The Democrat argued that Mangi, as one of 17 members of the Rutgers program’s advisory board, should not be individually held accountable for events held by the organization or the statements of other board members. Booker also cited the nominee’s December testimony, during which he denounced terrorism and Hamas’s Oct. 7 attack on Israel.

Durbin, meanwhile, accused Republicans of hitting “a new low” with their attacks against Mangi, and suggested that lawmakers were levying charges of antisemitism and supporting terrorism against the nominee because he is Muslim-American.

“Because of that, he is a target,” said Durbin. “He is a target for things he’s done in the past. Like every other nominee, his life’s work speaks for itself.”

The panel chair read a letter sent to the Judiciary Committee by the Anti-Defamation League, one of the world’s leading anti-hate organizations, which backed Mangi after his December confirmation hearing.

The Anti-Defamation League contended that the nominee was “subjected to aggressive questioning unrelated to his professional expertise or qualifications,” Durbin said. The organization accused Republicans of inappropriately politicizing Mangi’s hearing with questions about “global strategic considerations.”

Republicans on the committee were incensed with Durbin’s insinuation that their criticism of Mangi was rooted in bigotry.

Cruz accused the panel chair of “screaming Islamophobia” and said that Durbin hadn’t addressed any of the GOP’s complaints about the Rutgers program or Mangi’s participation on its advisory board. The Texas senator also pointed out that other Jewish organizations, such as the Zionist Organization of America and the Coalition for Jewish Values, had come out against the nominee.

“Mr. Mangi deliberately associated with a consistently antisemitic organization,” the lawmaker said, “and yet Democrats are perfectly happy for him to be a federal judge.”

Mangi’s nomination ultimately cleared the Judiciary Committee on a party line 11-10 vote.

Republicans also took aim at the nomination of Mustafa Kasubhai, tapped by the Biden administration to join the bench on the District of Oregon. Kasubhai had previously been voted out of committee but was returned on procedural grounds.

Lawmakers sought to impugn the jurist’s record, again pointing to out-of-context remarks he made in a 2021 article published by the Oregon State Bar Bulletin.

Reflecting on his experience discussing issues of race and discrimination with other lawyers, Kasubhai, at the time an Oregon magistrate judge, said that attorneys should “set aside conventional ideas of proof” when talking about those topics.

Although Kasubhai explained during an October confirmation hearing that he was merely referring to lawyers’ propensity for “always trying a case” even in interpersonal discussions, Republican lawmakers again doubled down on their contention that the nominee’s statements reflect his opinion of due process.

“What I take that to mean,” said Cornyn, “is that he will set aside the facts of the law and the applicable legal standard to get the results he wants.”

Despite that, Kasubhai’s nomination also passed the Judiciary Committee on an 11-10 vote.

Meanwhile, Carl Tobias, chair of the University of Richmond School of Law, said it was important not to lose sight of the fact that the Judiciary Committee managed to approve all 20 district and circuit court nominees up for consideration Thursday, including several with wide bipartisan margins.

“Even for the nominees who received party-line approval votes, the GOP senators made few new arguments,” he said, “and none persuaded Democrats to vote no.”

Tobias also observed that the White House appears committed to working with red state senators to find compromise candidates for judicial vacancies, pointing to Republican support for several of the jurists advanced Thursday, such as Northern District of Indiana appointee Cristal Brisco.

If that trend keeps up, Tobias said, President Biden could be on track to appoint as many new federal judges during his term as former President Trump.

Follow @BenjaminSWeiss
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