Trump judicial nominee faces another setback
President Donald Trump’s embattled judicial pick to the powerful Fifth Circuit Court of Appeals faced another setback Thursday, after the Judiciary Committee once again delayed a vote on his nomination.
The latest delay is an ominous sign for Halil Suleyman “Sul” Ozerden, a close friend of White House acting chief of staff Mick Mulvaney. Senate Judiciary Chairman Lindsey Graham (R-S.C.) did not elaborate on the reason for the delay, but senators suggested it may be because Ozerden was still short of the votes needed to move forward.
Ozerden already faces opposition from Republican Sens. Ted Cruz of Texas and Josh Hawley of Missouri, and will need some Democratic support to advance. But that Democratic backing is in question after civil rights groups like the NAACP and the Leadership Conference on Civil and Human Rights sent letters to senators asking them to oppose Ozerden.
“There is Republican opposition and a number of groups whose input I value have raised some significant concerns,” said Sen. Chris Coons (D-Del.), who is likely to vote against Ozerden. “I think there’s going to be some efforts over the next week by the judge’s advocates to try and address those concerns but if unsuccessful I suspect the nomination will end up being withdrawn.”
The NAACP, in its letter, described the Mississippi judge’s nomination as a “brazen insult” to the Fifth Circuit Court of Appeals’ civil rights legacy — and raised concerns about a slew of decisions he made on race- and gender-based discrimination cases.
“Judge Ozerden’s record of hostility to civil rights protections demonstrates that he lacks the fundamental qualities necessary for dispensing justice in a fair and impartial manner,” wrote Hilary Shelton, director of the NAACP’s Washington bureau.
Dianne Feinstein (D-Calif.), the ranking Democrat on the Judiciary committee, plans to vote against Ozerden and said Thursday she doubted he would receive any support from Democrats.
“I don’t know what the Republicans are going to do but I don’t think he’ll have many — if any — Democratic votes,” she said.
Ozerden’s allies are hoping they can rally more support between now and next week. He has strong backing from Mulvaney, who was a groomsman at his wedding and pushed for Ozerden’s nomination last year despite objections from the White House counsel’s office, as well as Mississippi Sen. Roger Wicker.
But it’s unclear what will be different next week that would benefit Ozerden. Thursday marked the second time his committee vote was delayed. The committee shelved his vote in September, right before a two-week recess, shortly after Hawley announced his opposition.
Sen. John Cornyn (R-Texas), who plans to support Ozerden’s nomination, said that with the delay, the administration “is trying to work out some of the concerns that have been addressed.”
Since his nomination, Republicans have criticized a decision Ozerden made as a federal judge that deemed a challenge to the Affordable Care Act’s contraceptive mandate premature. Ozerden also lacks backing from the conservative Judicial Crisis Network, whose chief counsel Carrie Severino wrote last year that the administration could “do better" than him.
Even prior to his confirmation hearing, Senate Republicans were briefed on his FBI background check prior — which typically occurs when there is a potential issue with a nominee.
“I think there’s still some folks that have questions, kind of struggling and going through the vetting like I am too,” said Sen. Joni Ernst (R-Iowa), who is undecided.
“I think the votes are still kind of mushy,” said Sen. John Kennedy (R-La.), a member of the Senate Judiciary Committee.
Despite the uncertainty surrounding Republican support, GOP senators have yet to ask the White House to withdraw the nomination. In a brief interview, Hawley said: “That’s up to them.”
