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But what is much more worrying is that these tactics could work on some Senate Democrats. Right-wing judicial activists have been running a smear campaign against Mangi, including advertisements aimed at Senate Democrats like Jon Tester of Montana and Bob Casey of Pennsylvania, who are battling for re-election. The campaigns describe Mangi, with no evidence, as an antisemite and attempt to link him to Hamas and other terror groups. This means that Democrats who run the risk of losing their seats come November may see defending Mangi’s nomination as a potential risk to their chances at re-election. The campaign seems to be working. Over the past few days, CNN and HuffPost have reported that there may not be enough Democratic votes to confirm Mangi.
This is an outrage. The attacks on Mangi are utterly disingenuous. Major Jewish organizations, including the Anti-Defamation League, have made statements of support for Mangi, whose pro bono legal work has focused in part on fighting for religious liberty and against religious bias across multiple faiths. The American Jewish Committee, which has joined several amicus briefs to the Supreme Court led by Mangi, described him as “a person of integrity, champion of pluralism, and adversary of discrimination against any group.”
Abandoning Mangi’s nomination would be an unconscionable act at any time, but especially perilous for Democrats in the current political climate, when tens of thousands of Democratic primary voters in key states are expressing their outrage at Biden’s policy in Gaza by voting “uncommitted.” Meanwhile, the right is using the attacks on Oct. 7 and the ensuing war in Gaza as a means to imply that any Muslim could be pro-Hamas or antisemitic. If Democrats acquiesce, they will set a dangerous precedent.
Of course, the crucial background for the attacks on Mangi is the wave of Islamophobia that has swept the country over the past six months. The Council on American-Islamic Relations reported at the end of 2023 that it had seen a 216 percent increase in reports of bias and requests for assistance from the previous year. A 6-year-old boy was stabbed to death in what investigators are calling a hate crime days after the Oct. 7 Hamas attacks, and three college students of Palestinian origin were shot in Burlington, Vt., last Thanksgiving weekend, stunning that small, progressive city.
But this goes beyond Islamophobia, as heinous as it is, and beyond Israel and Gaza. The basic ideals of the Democratic Party, including the moral and legal obligation to provide asylum to those fleeing persecution, seem up for grabs. On immigration more broadly, the party has acquiesced to right-wing talking points, failing to prevent or even helping the firm shove of the Overton window to the right. For all the Democratic talk about a freedom agenda, the party has not really seized religious liberty, one of Mangi’s core areas of pro bono work, as part of its vision of a pluralistic and inclusive society.
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