Biden's pick to be first Muslim appeals court judge at risk as two Democrats say they will vote AGAINST him after Republicans accused him of being antisemitic and against the police

President Joe Biden's pick to be the first Muslim American to sit on the U.S. Court of Appeals was in jeopardy Thursday after Joe Manchin became the second Democrat to announce his opposition amid accusations about his associations.

Manchin, a retiring Democrat who has bucked the White House on key policy issues, joins Sen. Catherine Cortez-Masto (D-Nev.), who raised concerns about Adeel Mangi, President Biden's nominee to the Third Circuit Court of Appeals in a statement this week.

Without their support, Democrats are unable to muster a simple majority in the 51-49 Senate without finding Republican support for their nominee.

Republicans hammered the nominee in committee for his role advising the Rutgers University’s Center for Security, Race and Rights, amid charges the group brought anti Semitic speakers to campus amid a clash over Israel's war against Hamas in Gaza.

Cortez Masto, in a statement, has raised questions about his involvement with the prison rights group Alliance for Families for Justice, calling it 'deeply concerning.' 

Adeel Abdullah Mangi has been nominated by President Biden to a seat on the Third Circuit Court of Appeals. He faces GOP opposition and now two Democrats have said they won't support him

'This organization has sponsored a fellowship in the name of Kathy Boudin, a member of the domestic terrorist organization Weather Underground, and advocated for the release of individuals convicted of killing police officers. I cannot support this nominee,' she said in a statement.

The White House has accused opponents of resorting to Islamophobia to block what would be a historic appointment if confirmed by the Senate.

White House spokesman Andrew Bates blasted Republican-backed resistance to Mangi, whose nomination was reported out by the Senate Judiciary Committee on a party line 11-10 vote.

 'President Biden is proud to have nominated Adeel Mangi, whose extraordinary qualifications and integrity are gaining him new backing each day — including from the 7th law enforcement organization to endorse his confirmation, as well as retired circuit Judge Timothy Lewis, who was appointed by President George H.W. Bush,' said Bates.

'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,' Bates continued in a statement.

Senate Minority Leader Mitch McConnell, a key architect of the strategy that secured a 6-3 conservative majority on the Supreme Court and placed other conservatives in Article III courts, pushed back at the criticism.  

President Biden has bragged about confirming 175 judges to the federal bench, and now must decide whether to keep pushing for Mangi's confirmation. One idea that has been floated is to try to move the nomination after the election

Sen. Joe Manchin (D-WV) announced he isn't backing the nominee

Sen. Cahtering Cortez Masto (D-NV) has raised questions about his involvement with the group Alliance for Families for Justice, calling it 'deeply concerning.'

Mangi, a litigator, would be the first Muslim American on the Court of Appeals

'How insulting. What self-respecting attorney wants to hear that a President cares more about their demographic tick-boxes than their life’s work?' he said in a Senate floor speech.

'Besides, in the case of Mr. Mangi, Senate Republicans’ opposition has nothing to do with his Muslim faith. Rather, it has everything to do with his longstanding sympathy for, and association with, some of the most radical elements in society,' he said.

The pressure comes at a sensitive time for Biden. He faced an energetic campaign in the Michigan primary by Arab American and Muslim voters determined to back 'uncommitted' in protest of his policies on Israel's war in Gaza. Pulling the nomination in the face of opposition could pose political challenges at a time when Biden is being accused of failing to sufficiently stand up to Israel over its prosecution of the war. 

In February, his White House blasted out a statement proclaiming the confirmation of 175 federal judges to the bench.

The current campaign is illustrating the importance of federal judges, with key decisions on immigration and abortion rippling across the country – and the Supreme Court making crucial decisions impacting whether former President Donald Trump can face trial this year. 

Manchin told reporters he intends to back judges who get at least the support of one Republican in the Senate, something Mangi does not appear to have now.

'I don’t think he has any bipartisan support, and I’ve just come to the conclusion I’m not going to continue to go down this path. I believe so strongly in bipartisanship, I believe so strongly in preserving the filibuster, and here we go down this path, lifetime appointments — I just say, enough’s enough,' he said, NBC reported.

Mangi is a litigator and a partner in a New York law firm who has tried cases involving religious freedom, LGBT rights, and the case of a mentally ill African American inmate. His nomination got a 'well qualified' rating from the American Bar Association.

The Alliance of Families for Justice says it advocates for 'ending the abuses of human rights behind bars and halting the era of mass criminalization.'

The Senate majority whip, Richard Durbin of Illinois, has called him 'extraordinary.'

Some vulnerable Democrats are on the fence, while groups including the ACLU and the Anti-Defamation League are supporting him.