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Third Circuit Court of Appeals nominee Adeel Mangi testifies before the Senate Judiciary Committee. (Photo: Senate Judiciary Committee).

Mangi comes before Judiciary committee for federal appellate judgeship

Potential first Muslim appellate judge faces intense GOP questioning over 9/11, Hamas

By Joey Fox, December 13 2023 1:32 pm

New Jerseyan Adeel Mangi came before the U.S. Senate Judiciary Committee today for a seat on the United States Court of Appeals for the Third Circuit, the first step for Mangi towards becoming the first Muslim appellate court judge in American history.

As is customary in the committee, Mangi’s nomination was not put up for a vote today; that will likely come once senators return from the Christmas recess, after which Mangi’s nomination can come before the full Senate for confirmation. But senators were granted the opportunity to question Mangi, with Republicans sharply scrutinizing his involvement in a Rutgers Law School organization.

The 46-year-old Mangi was born in Pakistan and got his law degree at the University of Oxford before immigrating to the United States in 1999. In 2000, he settled in Jersey City and joined the law firm of Patterson Belknap Webb & Tyler, where he remains to this day as a partner; he was nomnated by President Joe Biden on November 15 to succeed former Judge Joseph Greenaway on the Third Circuit.

Senator Cory Booker, who as a New Jersey senator had substantial input in Mangi’s nomination, highlighted Mangi’s legal work on pro bono cases and on the issue of religious freedom.

“He has become that star for justice when it comes to religious freedom and religious liberty,” Booker said in his opening remarks. “It’s not often that I have people from such diverse communities, from Catholic leaders to Sikh leaders, who will testify to the important role that he has played amidst his private career in advancing the cause in our country of religious liberty and religious freedom.”

Senator Bob Menendez, meanwhile, emphasized the historic nature of Mangi’s nomination as potentially the first-ever Muslim appellate judge, and only the third Muslim Article III judge of any kind. (The first, Zahid Quraishi, is a fellow New Jerseyan who was confirmed by the Senate in 2021.)

“This is a milestone we should have reached many years ago,” Menendez said. “With nearly three-and-a-half Muslims in the United States, and just over 320,000 Muslims in New Jersey alone, our Muslim communities have waited far too long for better representation in our democracy. His confirmation would help ensure that our most hallowed institutions better reflect the rich and diverse tapestry of America.”

Republicans on the Judiciary Committee, however, were less inclined to speak positively of Mangi’s nomination. A number of Republicans questioned Mangi over his position on the advisory board of Rutgers Law School’s Center for Security, Race and Rights, and particularly a controversial event the center hosted on the 20th anniversary of 9/11.

Mangi insisted that his role on the advisory board was a limited one, and that he could not speak to the specifics of the 9/11 event. 

“My role was limited to providing advice on academic areas of research, primarily through a meeting held once a year,” Mangi said in response to questioning from Senator John Kennedy (R-Louisiana). “With regard to the event that you are describing, I’ve never heard of that event prior to today. It was never presented to the advisory board that I was part of. I know nothing about it, I know nothing about the speakers. I’ve never heard of any of these people.”

Several GOP senators went further, insisting that Mangi condemn the 9/11 attacks and Hamas’s more recent October 7 attacks on Israel. Mangi said that he would “unequivocally” condemn any terrorist acts, but said it would be inappropriate for him to take direct policy stances beyond that.

“Senator, I have no basis, as a judicial nominee, to cast views on the Middle East and what does and does not happen there,” he told Senator Josh Hawley (R-Missouri).

In response to less aggressive questioning from Democrats, Mangi elaborated on how his Pakistani background continues to inform his judicial philosophy.

“I grew up in Pakistan. That is a country, the people of whom I love dearly – it’s part of my heritage, it’s part of my history,” he said. “But a big part of my experience growing up was seeing that in that country, if your rights are violated, there is often no recourse… That experience impressed upon me so deeply the value of being in a country and in a place where if your rights have been trampled upon … you can go to the courts and you can get recourse. For me, that is what the conception of justice is all about.”

Mangi also discussed his work in a 2016 case related to the Islamic Center of Basking Ridge, which was denied permission by the local planning board to build a mosque; they sued Bernards Township, and with Mangi as their attorney, they won the right to build the mosque as well as a $3.25 million settlement.

“It was a great honor to represent that group,” Mangi said. “They said, ‘Look, this is America. We’re going to stand up for our rights in the courts, and we’re going to win.’ And they did. It was a display of what courage in the legal system can get you.”

If Mangi is ultimately confirmed by the Senate, he’s set to become Biden’s 11th successful judicial nominee from New Jersey, and the first for an appellate judgeship; the 10th, District Court nominee Edward Kiel, was approved by the Judiciary Committee last month and is also awaiting Senate confirmation. With no other seats vacant, Mangi may also be Biden’s last New Jersey nominee, depending on the outcome of the 2024 presidential election.

The Third Circuit, which includes New Jersey, Pennsylvania, and Delaware, has three other judges from New Jersey: George W. Bush nominee Michael Chagares (currently the circuit’s chief judge), Barack Obama nominee Patty Shwartz, and Donald Trump nominee Paul Matey. Mangi will complete the quartet, which Booker joked is a good thing for his own electoral prospects.

“I am proud that this American is going to the federal bench, because I would be terrified if he ran for office against me in the 2026 elections,” Booker said. “This is a very self-interested cause of mine, is to get him on the federal bench and out of my life.”

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