Adeel Mangi, nominated to the U.S. Court of Appeals for the Third Circuit, has conceded in a letter to President Joe Biden that he has "no path forward" in light of a deal allowing the next administration to fill appellate court seats. But Mangi said in the letter that the system for approving federal court judges is "fundamentally broken" and has turned into "a channel for the raising of money based on performative McCarthyism before video cameras."

Mangi's letter, obtained by Law.com, does not withdraw his nomination, which is expected to lapse at the end of the year. The letter follows a reported deal with the GOP that allows the confirmation of more district court judges. The deal, made public Nov. 21, sinks the nominations of Mangi and three other nominees for federal appeals courts—Ryan Park for the Fourth Circuit, who withdrew last week, and Julia Lipez for the First Circuit and Karla Campbell for the Sixth Circuit, whose nominations are still pending.