Posted on 07/18/2019 7:13:28 PM PDT by NKP_Vet
WASHINGTON (CN) – A Mississippi federal judge up for a seat on the Fifth Circuit faced tough questions from Republicans on Wednesday, as GOP senators and conservative legal advocacy groups have expressed rare skepticism about one of President Donald Trump’s nominees to a federal appellate court.
Fifth Circuit Court of Appeals Great Hall. “For a lifetime appointment on the court of appeals, what I think we should be looking for is a demonstrated record as a constitutionalist,” Senator Ted Cruz, R-Texas, told U.S. District Judge Sul Ozerden on Wednesday. “As I look at your judicial record, and I’ve asked you to point me to any cases, to any indicia to the contrary, I don’t see any concrete indicia of that.”
Ozerden, who has served on the U.S. District Court for the Southern District of Mississippi since 2007, faces somewhat unusual resistance from Republicans in the Senate and conservative legal advocacy groups that have questioned his conservative credentials.
Carrie Severino, the head of the influential Judicial Crisis Network, in August wrote in National Review that “it sure seems like we could do better” than Ozerden on the Fifth Circuit.
After Trump picked Ozerden in June, Republicans in the Senate expressed skepticism about the choice. Senator John Kennedy of Louisiana said he had “a lot of questions” about Ozerden, specifically looking for explanations for the frequency with which Ozerden’s opinions were overturned in the Fifth Circuit.
At the confirmation hearing Wednesday in the Senate Judiciary Committee, Ozerden said claims that he has a 25% reversal rate at the Fifth Circuit are simply not true and that his actual rate is closer to 4%, offering up data to back up his claim. The Justice Department did not immediately return a request to provide the data Ozerden referenced.
Some in the Mississippi legal community have speculated that Ozerden faces opposition not because of his judicial philosophy or record, but because people in Texas see an opportunity to defeat him and snag a Mississippi seat on the Fifth Circuit for the Lone Star State. Typically, certain seats on the federal appeals courts are reserved for nominees from certain states, but it is no more than a tradition and is not written into law.
Kelly Shackelford, president and CEO of the First Liberty Institute, wrote in August 2018, when Ozerden’s name first came up as a potential choice for the seat, that “Texas will happily recommend” someone else if lawmakers and the White House could not agree on a Mississippi nominee with a more conservative record than Ozerden’s.
Cruz was Ozerden’s most forceful questioner at Wednesday’s hearing, expressing skepticism that Ozerden will fulfill Trump’s promise to nominate judges in the mold of the late conservative legal icon Justice Antonin Scalia.
Ozerden defended his record, saying the original public meaning of a text guides his work on a case and that he sees himself in Scalia’s line.
“I think if you look at my record on the whole, you will see that I am committed to principles of textualism, following the law, following the constitution,” Ozerden told Cruz.
Ozerden specifically faced questions about his decision to dismiss a Mississippi Catholic diocese’s challenge to the Obamacare contraceptive mandate. Ozerden denied the diocese’s request for oral argument and dismissed the case, saying it was not ready for review because the administration was in the process of changing the regulation.
Conservatives have said the ruling raises questions about Ozerden’s views towards religious liberty, but the judge insisted his “hands were tied” by Fifth Circuit precedent in the case.
“The notion that I’m somehow hostile to religious liberty is simply not accurate and it’s belied by my record,” Ozerden said.
The son of a Turkish immigrant, Ozerden worked as a partner at the Gulfport, Miss., firm Dukes, Dukes, Keating & Faneca before taking the federal bench. He also served in the U.S. Navy, and earned a Navy Commendation Medal for missions he flew over Iraq and Somalia.
Ozerden now awaits a vote in the Senate Judiciary Committee and later a confirmation vote before the full Senate.
The Senate Judiciary Committee also heard Wednesday from three nominees to lower courts, including two to federal district courts in Utah and Illinois. U.S. District Court for the Northern District of Illinois nominee John Kness currently works as general counsel at the College of DuPage, having spent 2009 to 2016 as a federal prosecutor in Chicago.
David Barlow, up for a seat on the U.S. District Court for the District of Utah, currently works as a partner at the Salt Lake City firm Dorsey & Whitney, having served from 2011 to 2014 as the U.S. Attorney for the District of Utah. He also worked as vice president of compliance at Walmart, as a partner at Sidley Austin and as general counsel to Senator Mike Lee, R-Utah.
The final judicial nominee the committee heard from Wednesday was Eleni Roumel, who works as deputy counsel to Vice President Mike Pence. Roumel is nominated to a seat on the U.S. Court of Federal Claims and worked from 2012 to 2018 as assistant general counsel in the House of Representatives Office of General Counsel.
https://firstliberty.org/just-say-no/
Right now, establishment politicians are pressuring President Trump and the U.S. Senate to confirm Judge Sul Ozerden from Mississippi to be a federal judge on the U.S. Court of Appeals for the Fifth Circuit.
But confirming Ozerden for a lifetime judicial appointment would be a big mistake. His past decisions reveal a questionable judicial philosophy that is at best indifferent to religious liberty—and at times openly hostile to religious liberty.
His background includes ignoring 79 members of Congress in an important religious liberty matter, ignoring a prior decision in favor of religious liberty on the same issue, and ruling against the Catholic Church without even allowing the Church to have a hearing in court.
And that’s just the tip of the iceberg. Here are 5 more reasons why Judge Sul Ozerden is the wrong pick:
He’s not a judicial conservative. He’s never been affiliated with the conservative movement. He’s never volunteered his time to advance conservative causes. He’s never been active in conservative legal circles. He’s never written any decisions that have advanced conservative judicial principles. The record is clear: Judge Ozerden is not a trustworthy protector of religious liberty.
And with only 1 more seat open on the Fifth Circuit—the crucial swing vote—it is vital that we get this judicial nomination right.
That’s why across the country, a tidal wave of Americans like you, along with conservative leaders, legal organizations and religious groups, are urging President Trump to nominate a conservative, pro-religious freedom judge to the Fifth Circuit.
American voters elected President Trump on the promise that he would nominate proven constitutional conservatives to the federal bench. Now, we need to hold him to it.
Sounds like Cruz’s objection is reasonable. If the Democrats are approving of this guy, then he should be withdrawn
Muslim.
That enough to reject him.
And with only 1 more seat open on the Fifth Circuit—the crucial swing vote—it is vital that we get this judicial nomination right.
**********************************************
Exactly right — we have to get each judicial nomination right, particularly Appeals Court nominations!
Ditto that.
“If in doubt don’t”.
Especially since too many go from quite conservative to somewhat conservative or worse after they are appointed.
Agreed, when socialists want em and conservative legal groups oppose, you don’t want them on the bench.
One red flag was approved for district judge 2007 with a 95-0 vote.
Says born in MISS. Parents were the immigrants probably. Well educated with pilot experience. My guess is he is agnostic.
He is not on the Senate Executive Calendar for Monday. McConnell suspended the nomination like they did with Bress. No time left. This judgeship will be done in the fall.
The name Halil is of Turkish origin. The meaning of Halil is "dear friend" The Arab equivalent is Khalil.
The judge’s father was a Turkish Muslim. No, zero remarks about the judge’s religion.
Yes, even good Republican presidents have made some mistakes in choosing judges. Remember that Eisenhower appointed Earl Warren!
Agreed. Rotten apple.
Because they never take ideology into account, the Democrats always do.
Father’s obituary.
“He attended St.Peter’s by the Sea Episcopal Church, though he continued his Islam faith.”
https://riemannfamily.com/tribute/details/791/halil-Ozerden/obituary.html
Perhaps he became atheist or converted to Buddhism or Christianty, breaking from his father’s faith.
Perhaps not.
“The judge’s father was a Turkish Muslim. No, zero remarks about the judge’s religion.”
Of course not.
Not in the review or hearings.
There’s no religious test. (Although Dems can use Catholicsm to try and disqualify candidates for some reason).
There is no way he will be defeated since every Demon will vote for him just to p.o. “conservatives” and most Rs will join them.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.