Senator Joe Manchin (Democrat, West Virginia) stated on Thursday that he will not vote for one of President Biden's choices for judge, making him the second Democratic senator to do so and most likely ending the nomination.
Manchin stated he would not endorse Adeel Mangi, who would be the first Muslim American judge on the federal appeals court if approved. Senator Catherine Cortez Masto (Democrat, Nevada) had previously declared her opposition to Mangi.
Manchin, who is retiring at the end of the year, told Politico earlier this week he would not support any of Biden's judicial choices that didn't secure at least one Republican vote.
Democrats have a 51-49 majority in the Senate. With at least two Democrats against Mangi's nomination, Mangi would require Republican backing to be confirmed to the bench.
Biden nominated Mangi for the federal bench in November, but he has faced strong criticism from some Republicans.
In particular, Republican Senators Ted Cruz (Texas), Josh Hawley (Missouri), and Tom Cotton (Arkansas) have questioned Mangi's opinions on Hamas's attack on Israel last October, as well as his connections to Rutgers University's Center for Security, Race and Rights.
Cruz has emphasized the remarks of the Rutgers center in support of Palestinians and has argued that Mangi is opposed by certain police groups.
The The White House has argued the criticism of Mangi is due to Islamophobia. Seven law enforcement groups have supported Mangi's confirmation, and the Anti-Defamation League has also expressed its support.
“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,” press secretary Karine Jean-Pierre told reporters on Wednesday. “Senate Democrats should side with the qualities that make America exceptional, which Mr. Mangi embodies, not the hateful forces trying to force America into the past.”
