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    Opposition to Muslim Judicial Nominee Leaves Biden With a Tough Choice

    Adeel Mangi would be the first Muslim American to be a federal appeals court judge, but has faced vitriolic attacks from the G.O.P. The president could run out of time to fill the seat.The nomination of the first Muslim American to a federal appeals court judgeship is in deep trouble in the Senate, leaving President Biden with a painful choice between withdrawing the name of Adeel Mangi or trying to overcome the opposition at the risk of losing the chance to fill the crucial post before the November elections.Three Democrats have said they intend to oppose the confirmation of Mr. Mangi to the Philadelphia-based U.S. Court of Appeals for the Third Circuit in response to objections from local law enforcement groups. He has also faced what his backers label an unfounded bigoted assault from Republicans who have accused him of antisemitism and sympathy with terrorists.If Republicans remain united against him, as expected, and the Democrats cannot be persuaded to change their position, Mr. Mangi would lack the votes to be confirmed.The showdown is a new obstacle for the Biden administration and Senate Democrats as they try to fill as many federal court openings as they can before November. It has also angered Democrats who believe Mr. Mangi, a litigator from New Jersey and partner in a New York law firm, has been subjected to a baseless and ugly assault by Republicans because of his religion.“This has been the most brutal attack I have ever seen on anyone — and that is saying something,” said Senator Richard J. Durbin of Illinois, the No. 2 Senate Democrat and chairman of the Judiciary Committee. He dismissed any notion of antisemitism on the part of Mr. Mangi, saying, “There is no basis whatsoever for even suggesting he has that point of view.”The seat that Mr. Mangi was nominated for is notable since the court, which hears matters from Pennsylvania, New Jersey, Delaware and the Virgin Islands, is currently divided 7-6 in favor of judges nominated by Republican presidents. Mr. Biden could even the court’s makeup by filling the vacancy.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Democrats Promote Tough-on-Crime Credentials as Party Plays Defense

    With sheriffs vouching for them and a flood of ads proclaiming their support for the police, Democrats are shoring up their public safety bona fides. Still, some worry it’s too late.In the final stretch of the midterm campaigns, Democrats are straining to defend themselves against a barrage of crime-focused attacks from Republicans, forcefully highlighting their public safety credentials amid signs that G.O.P. messaging on the issue may be more potent than usual in some critical races this year.Democrats have enlisted sheriffs to vouch for them, have outspent Republicans on ads that use the word “police” in the month of October, and have been using the kind of tough-on-crime language that many on the left seemed to reject not long ago — even as some Democrats worry that efforts to inoculate the party on a complex and emotional issue are falling short.Representative Sean Patrick Maloney of New York, who is being criticized over a 2018 video in which he called ending cash bail a “top priority,” aired an ad in which an officer declared him a “tough-on-crime” lawmaker who confronted those “who wanted to defund the police.”Senator Catherine Cortez Masto of Nevada has long highlighted her pro-law enforcement credentials, including with an ad featuring a police chief praising her record of being “tough on crime.”And Lt. Gov. John Fetterman of Pennsylvania, whose history on criminal justice issues is being denounced by Republicans, sounded pro-law enforcement notes at a senior center on Friday as he discussed his tenure as the mayor of Braddock, Pa., saying he “was proud to work with our police departments, and funding the police.”Nationwide, Democrats spent more money last month on ads that used the word “police” than Republicans did, according to AdImpact, a media-tracking firm. But heavy Republican spending on crime ads earlier this year has helped define the final weeks of the campaign in states like Pennsylvania and Wisconsin.Cheri Beasley, the Democratic nominee for Senate in North Carolina, has highlighted supporters with law enforcement backgrounds in her campaign.Logan R. Cyrus for The New York TimesNational crime trends are mixed and complex, and Republicans have often reached for arguments about crime or border security, with varying results. Some party strategists doubt the issue will be decisive this year, with many Americans far more focused on economic matters.But a Gallup survey released late last month found that “Americans are more likely now than at any time over the past five decades to say there is more crime in their local area than there was a year ago.”The issue, fanned and sometimes distorted by conservative news outlets, has been especially pronounced in liberal-leaning states, including New York, Pennsylvania, Oregon and Wisconsin, where big cities have struggled with concerns about violence and quality of life over the last few years. But the topic is at play in many tight Senate, House and governors’ races.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Biden’s Speech: In a prime-time address, President Biden denounced Republicans who deny the legitimacy of elections, warning that the country’s democratic traditions are on the line.State Supreme Court Races: The traditionally overlooked contests have emerged this year as crucial battlefields in the struggle over the course of American democracy.Democrats’ Mounting Anxiety: Top Democratic officials are openly second-guessing their party’s pitch and tactics, saying Democrats have failed to unite around one central message.Social Security and Medicare: Republicans, eyeing a midterms victory, are floating changes to the safety net programs. Democrats have seized on the proposals to galvanize voters.Celinda Lake, a veteran Democratic pollster, said the most effective responses had come from candidates who formulated a message on crime early.“Too many Democrats waited until the attacks on crime happened,” she said. “We’re never going to win on crime. We just have to answer it strongly enough to be able to pivot back to other issues to show we’re in touch.”Some Democrats fear that their party has fallen short. In an article on Thursday for The American Prospect, a liberal magazine, Stanley B. Greenberg, a longtime Democratic pollster, warned that the party was still struggling with a branding problem, even though many Democrats distanced themselves long ago from the “defund the police” movement that gained traction after the police killing of George Floyd in 2020.Billboards in Philadelphia attacked Lt. Gov. John Fetterman, the Democratic nominee for Senate in Pennsylvania, over his record on crime.Michelle Gustafson for The New York TimesMr. Fetterman said that during his tenure as the mayor of Braddock, Pa., he had been “proud to work with our police departments, and funding the police.”Ruth Fremson/The New York Times“‘Defund’ is a very small segment” of the party, Mr. Greenberg said in an interview. “But the whole party owns it.”Steven Law, the chief executive of the Senate Leadership Fund, the leading super PAC for Senate Republicans, said concerns about public safety contributed to the idea that the country is going in the wrong direction — a problem for the party in power.“Crime has an outsized ability to define Democrats as being liberal instead of moderates, more than any other issue,” he added.Democratic officials have tried to address the issue head-on. The party’s Senate campaign arm encouraged candidates to challenge Republicans over opposing measures that would combat gun violence, a committee aide said, and to use law enforcement officials in their advertising.“It’s not just trying to be more Republican than the Republicans,” said Aimee Allison, the founder of She the People, a political advocacy group focused on women of color. “People are interested in how to make communities safer.”And a memo this spring from the Democratic House campaign arm laid out a guide, advising candidates to reject the notion of defunding the police, to highlight law enforcement funding they had secured and to rely on members of law enforcement to endorse their records. It also urged Democrats to “stand up for racial justice.”“In 2020, the Republican lies were so outrageous, some candidates thought they could ignore them,” Mr. Maloney, the chairman of the House Democratic campaign arm, said. “In 2022, we know better.”It is evident that many Democrats are following aspects of that playbook, while also slamming Republicans over the Jan. 6, 2021, attack on the Capitol — another issue the memo noted.Representative Tim Ryan, Democrat of Ohio, who is facing a difficult Senate race, has claimed credit for helping to obtain federal funding for state law enforcement. He has also criticized his Republican opponent, J.D. Vance, over sympathetic statements he made toward rioters at the Capitol, where about 140 police officers were injured.Over the summer, Mr. Ryan ran an ad in which a sheriff called the claim that Democrats want to defund the police “ridiculous” and said he “trusts Tim Ryan to keep our community safe.”Representative Abigail Spanberger, a moderate Democrat in Virginia, made national headlines two years ago for her critique of her party on a leaked post-election call, which included concerns about the “defund the police” movement.This year, Ms. Spanberger said in an interview, Democrats could point to votes serving as “proof points” that they are serious about crime.“We’re appropriating significant money to local police departments,” she said.Representative Tim Ryan, Democrat of Ohio, who is facing a difficult Senate race, has claimed credit for helping to obtain federal funding for state law enforcement. Brian Kaiser for The New York TimesJ.D. Vance, Mr. Ryan’s Republican opponent, has made sympathetic statements toward rioters who were at the Capitol on Jan. 6, 2021.Maddie McGarvey for The New York TimesIn one of Ms. Spanberger’s television ads, a Republican police chief endorsed her while criticizing her opponent, Yesli Vega, for “defending” rioters who attacked the Capitol. Ms. Vega, an auxiliary deputy with the Prince William County Sheriff’s Office, called the rioters “a group of Americans exercising their First Amendment rights.”In Pennsylvania, the Fetterman campaign said it had put out 16 ads mentioning crime or public safety, including at least one featuring the sheriff of suburban Montgomery County, who vouched for Mr. Fetterman.This week, a Monmouth University poll showed that voters trusted both Mr. Fetterman and Mehmet Oz, his Republican rival, equally when it came to handling crime. The poll also noted that Mr. Fetterman’s edge on the issue had evaporated. Mr. Fetterman has defended himself primarily by pointing to his tenure as the mayor of Braddock, outside Pittsburgh, where for five years a scourge of murders came to a stop.The issue has also played a prominent role in other Senate races, including in Wisconsin and, to some degree, North Carolina.Lt. Gov. Mandela Barnes in Wisconsin and Cheri Beasley in North Carolina, the first Black woman to serve as chief justice of the State Supreme Court, have also showcased supporters with law enforcement backgrounds in their campaigns.In Wisconsin, mail advertising from Republicans has darkened Mr. Barnes’s skin, one stark example of the ways attacks on crime can propel issues of race to the forefront.Representative Mark Pocan, Democrat of Wisconsin, said: “Clearly, the message was not just one of crime. It was one of racism.” And, like other Democrats, he alluded to the Capitol riot.“They claim to back the blue, and in reality, they’re backing the coup,” he said. “You can’t pretend to support law enforcement, but then selectively decide which law enforcement that you’re going to protect.”Jon Hurdle contributed reporting from Harrisburg, Pa. More

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    Nevada’s Costly, Photo-Finish Senate Race Pits Abortion vs. Economy

    NORTH LAS VEGAS, Nev. — As Senator Catherine Cortez Masto of Nevada took the stage at a high school here this week, she was fighting for her political life.Her re-election bid is seen by many as the tightest Senate race in the country. Republicans are throwing money and energy behind her challenger, Adam Laxalt, a political scion who, like Ms. Cortez Masto, is a former Nevada attorney general.Neither candidate could be called an electric campaigner, and Ms. Cortez Masto had a difficult slot that evening: shortly after John Legend and right before Barack Obama.After the appearance by Mr. Legend — who recently wrapped up a Las Vegas residency and played a couple of songs on a piano for an adoring audience — Ms. Cortez Masto spoke about how her grandfather was “a baker from Chihuahua” and how, before her, “there had never been a Latina elected to the U.S. Senate.”Her biographical bullet points were politely received. Then Mr. Obama took the stage and offered a reminder that his party has still not found a successor to match his charisma.To raucous applause, he hammered home Ms. Cortez Masto’s personal history in his inimitable cadences: “Third-generation Nevadan. Grew up here in Vegas. Dad started out parking cars at the Dunes,” he said, referring to a defunct casino where Ms. Cortez Masto’s father once worked. “She knows what it’s like to struggle and work hard.”Democrats are sending star figures to Nevada as both parties pour money into a political fight that could decide the balance of power in the Senate. The race was the most expensive political contest in Nevada history even before an $80 million splurge over the last month brought total ad spending to $176 million, according to AdImpact, a media-tracking firm. A recent New York Times/Siena College poll showed the candidates deadlocked at 47 percent each; Mr. Laxalt had a comfortable lead among men, while Ms. Cortez Masto was likewise leading among women.Mr. Laxalt, a son and grandson of Nevada senators, held a rally in Las Vegas late last month with former Representative Tulsi Gabbard. Haiyun Jiang/The New York TimesMs. Cortez Masto and her allies have sought to focus on abortion rights, attacking Mr. Laxalt over the issue.Haiyun Jiang/The New York TimesAnd increasingly, the campaign seems to be one of economics versus abortion.Democrats are battering Mr. Laxalt over his anti-abortion stance, after the Supreme Court overturned Roe v. Wade. Nevada allows abortion up to 24 weeks, and after that in cases where the mother’s health is at risk. Mr. Laxalt has said he would support banning abortions in the state after 13 weeks, or the first trimester.One commercial broadcast Tuesday morning, paid for by the Democratic Senatorial Campaign Committee, featured a Nevada woman assailing his abortion position, saying: “I take it incredibly personally that Adam Laxalt is working to take away the rights of my daughters.” Another spot, from the Democratic-aligned Senate Majority PAC, includes audio of Mr. Laxalt saying during a breakfast with pastors that “Roe v. Wade was always a joke.”The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Democrats’ Mounting Anxiety: Top Democratic officials are openly second-guessing their party’s pitch and tactics, saying Democrats have failed to unite around one central message.Social Security and Medicare: Republicans, eyeing a midterms victory, are floating changes to the safety net programs. Democrats have seized on the proposals to galvanize voters.Debunking Misinformation: Falsehoods and rumors are flourishing ahead of Election Day, especially in Pennsylvania. We debunked five of the most widespread voting-related claims.Ms. Cortez Masto returned to the topic on Tuesday night: “We know we can’t trust Laxalt when it comes to a woman’s right to choose,” she told the crowd. “This is a man who called Roe vs. Wade a joke, and he celebrated when it was overturned.”So often has Mr. Laxalt been attacked on abortion that he felt compelled to write an opinion column in The Reno Gazette-Journal in August “setting the record straight” on his position. He explained that when he said Roe was “a joke,” it was “a shorthand way of saying that the decision had no basis in the text of the Constitution.”Republican groups and the Laxalt campaign are generally focusing on the economy. Nevada has one of the highest unemployment rates in the country and some of the highest gas prices, and a tourism-driven economy that was hit hard by the pandemic.“Inflation isn’t going away,” a narrator says in a Laxalt commercial running this week. “Gas and groceries are too expensive.” Another pro-Laxalt ad features a picture of Ms. Cortez Masto superimposed next to Speaker Nancy Pelosi as both are showered in cash. The spot, from the Senate Leadership Fund — the political action committee of Senate Republicans — makes the case that “Costly Catherine” is a high-spending Democrat.Mr. Laxalt and Ms. Gabbard at the rally in Las Vegas. He and his Republican allies have tried to put the spotlight on economic issues. Haiyun Jiang/The New York TimesRory McShane, a Republican political consultant who is working on other races in the state, believes the current dynamic favors Republicans.“You see in the polling that the economy is trumping abortion,” he said in an interview. “I don’t think anything’s stronger than the economy,” he added. “You don’t have to run TV ads to tell people how bad the economy is.”Kenneth Miller, an assistant professor of political science at the University of Nevada, Las Vegas, said the Democratic strategy “poses a risk.”“Abortion is very important to a big segment of the electorate, but that also means there are large segments of the electorate that don’t particularly care about abortion either way,” he said. “They may have a pro-choice or pro-life position, but it’s not what drives them to make their vote choice or drives them to turn out.”Mr. Laxalt’s saber-rattling on the economy, however, has plenty of skeptics. Nevada’s largest union, the 60,000-strong Culinary Workers, has sent members — cooks, cleaners, food servers — door to door to make the case for Ms. Cortez Masto and other Democratic candidates. More than half of the union’s members are Latinos, a group Mr. Laxalt has courted in Spanish-language commercials.Ted Pappageorge, the union’s secretary-treasurer, said in an interview that Ms. Cortez Masto had been an important ally on pocketbook concerns for union members, including expanding health benefits for workers who lost their jobs during the pandemic.“In 2020, we knocked on 650,000 doors statewide, and that was in the middle of Covid,” he said. “This year, in a midterm, we’re going to hit a million doors, and if we hit those doors, we’re going to win.”Few dispute the importance of the contest.“This race is the 51st seat,” Mr. Laxalt said this summer. “The entire U.S. Senate will hinge on this race.” He was speaking at the Basque Fry, a Republican event started by his grandfather, former Senator Paul Laxalt, whose family hailed from the Basque region straddling France and Spain. Mr. Laxalt is also the son of another former senator, Pete Domenici.Mr. Laxalt has been a divisive politician. He parroted Donald J. Trump’s false claims of widespread election fraud when he served as the chairman of the former president’s 2020 campaign in Nevada. When he was attorney general, he was caught on a secret recording in which he pressured state gambling regulators on behalf of a major donor, Sheldon Adelson.And Mr. Laxalt’s bid to follow his forebears into the Senate has been fractious. Fourteen of his relatives have come out against him and thrown their support to Ms. Cortez Masto, calling her in a joint statement “a model of the ‘Nevada grit’ that we so often use to describe our Nevada forefathers.”Former President Barack Obama campaigned on Tuesday in Las Vegas for Nevada Democrats. “She knows what it’s like to struggle and work hard,” he said of Ms. Cortez Masto.Haiyun Jiang/The New York Times“The entire U.S. Senate will hinge on this race,” Mr. Laxalt said this summer. Haiyun Jiang/The New York TimesMr. Obama seized on the episode in his remarks on Tuesday night. “We all might have a crazy uncle, the kind who goes off the rails, but if you’ve got a full Thanksgiving dinner table, and they’re all saying you don’t belong in the U.S. Senate?” he said. “When the people who know you the best think your opponent would do a better job, that says something about you.”In his own closing argument, Mr. Laxalt, who served in the Judge Advocate General’s Corps in the Navy, has tried to link Ms. Cortez Masto to President Biden, who polls show is unpopular in the state.“Her record is, she supported Joe Biden every step of the way,” he said at a recent campaign stop, according to Roll Call. “That’s why she doesn’t want Joe Biden to come here, because then she’s going to have to actually stand next to him and stand next to her voting record.”Ms. Cortez Masto is a protégé of Harry Reid, the former Senate majority leader who built a formidable political machine in the state and died last year. “She’s a workhorse, not a show horse,” Mr. Miller said, adding that in a typical year, a moderate like her “should be able to win a race like this by five points, but national conditions are a serious headwind.”Abortion has certainly not been her only issue. She has depicted Mr. Laxalt as a child of privilege in a “Succession”-style video and has put out commercials accusing him of being captive to big oil companies, in part because as state attorney general, he worked to thwart an investigation into Exxon Mobil over its climate policies.But abortion has been the most constant weapon for her and her surrogates.“Catherine’s opponent calls Roe vs. Wade a joke, and the Supreme Court’s decision to overturn Roe a historic victory,” Mr. Obama said on Tuesday. “That may not be how most women in Nevada saw it.” More

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    Senate Control Hinges on Neck-and-Neck Races, Times/Siena Poll Finds

    The contests are close in Arizona, Georgia, Nevada and Pennsylvania. Many voters want Republicans to flip the Senate, but prefer the Democrat in their state.Control of the Senate rests on a knife’s edge, according to new polls by The New York Times and Siena College, with Republican challengers in Nevada and Georgia neck-and-neck with Democratic incumbents, and the Democratic candidate in Pennsylvania clinging to what appears to be a tenuous advantage.The bright spot for Democrats in the four key states polled was in Arizona, where Senator Mark Kelly is holding a small but steady lead over his Republican challenger, Blake Masters.The results indicate a deeply volatile and unpredictable Senate contest: More people across three of the states surveyed said they wanted Republicans to gain control of the Senate, but they preferred the individual Democratic candidates in their states — a sign that Republicans may be hampered by the shortcomings of their nominees.Midterm elections are typically referendums on the party in power, and Democrats must defy decades of that political history to win control of the Senate, an outcome that has not completely slipped out of the party’s grasp according to the findings of the Times/Siena surveys. Democrats control the 50-50 Senate with Vice President Kamala Harris as the tiebreaking vote. To gain the majority, Republicans need to gain just one seat.Senate Races in Four StatesIf this November’s election for U.S. Senate were held today, which candidate would you be more likely to vote for? More