Conservatives Voice Concerns Over Potential Fifth Circuit Nominee (nominated yesterday)

Nationalreview.com ^ | 8/21/18 | Carrie Severino

[cotton1706]

Yet, conservatives are growing concerned over the possibility of the remaining vacancy on the Firth Circuit being filled by Halil Suleyman (“Sul”) Ozerden, a current federal district judge in the Southern District of Mississippi. President George W. Bush nominated Ozerden to the seat in 2007.

According to Ken Klukowski of Breitbart, “rumors are circulating in D.C. that some establishment politicians are pressuring the president to appoint a judge who has a mixed record and no true conservative credentials.” He writes, “Ozerden’s time on the federal trial bench shows a consistent pattern of refusing to lead or to take a stand on important legal issues.” According to Klukowski:

Ozerden has written 1,100 orders and opinions over the past decade, but they do not demonstrate any focus on advancing the original meaning of the Constitution, stringently adhering to the text of federal law, or taking the time to develop the law with full-length, persuasive opinions that advance the rule of law.

Some of the misgivings about Ozerden are not grounded in ideology or judicial philosophy, but mere judicial competence. Ozerden has an unusually high reversal rate: of his 59 decisions that have been reviewed by the Fifth Circuit, 25% have been overturned. While a reversal rate on its own isn’t necessarily conclusive evidence of poor judicial decision-making or a lack of competence, remember that we are talking about the Fifth Circuit here, not the Ninth Circuit. Ozerden has been reversed by some of the most conservative judges in the country, including Edith Jones and Jerry Smith. And a number of those reversals from three-judge panels have been unanimous.

[cotton1706]

I hope Josh Hawley goes after this nominee like he went after Bogren, who withdrew yesterday.

We don't need any more Souters!

[Governor Dinwiddie]

This nominee sounds like he has a muslim name. Just say no to muslims. They are the camel trying to get their nose into our tent.
 

[cotton1706]

He’s Turkish, so is likely muslim. Don’t know. He’s a sucky nominee.

[Soul of the South]

Who at the White House and DOJ is vetting these appointments? Did Attorney General Barr review and sign off on this appointment? If he did, there is a problem. If he didn’t there is a problem.

[zeestephen]

Re: Who at the White House and DOJ is vetting these appointments?

Ask Donald Trump.

He hired, or retained, or did not object to any of his advisers.

[House Atreides]

He’s Turkish, so is likely muslim. Don’t know. He’s a sucky nominee.
***********************************
I checked ...he’s Christian.

[EQAndyBuzz]

“Conservatives Voice Concerns Over Potential Fifth Circuit Nominee (nominated yesterday)”

Should read: Liberal Republicans Voice Concerns Over Potential Fifth Circuit Nominee (nominated yesterday)

[JayGalt]

https://www.mslitigationreview.com/2018/09/articles/5th-circuit-2/whats-behind-the-alt-rights-attack-on-judge-ozerden/ Excerpt Below:

What’s Behind the Alt-Right’s Attack on Judge Ozerden?
By Philip Thomas on September 4, 2018

It’s been known for a while that Mississippi’s Senate delegation submitted U.S. District Judge Sul Ozerden’s name to the White House to fill the seat on the 5th Circuit Court of Appeals vacated by Judge Grady Jolly. But the pick has run into trouble from an unlikely source: the right.

So what did they gin up to hit Judge Ozerden with? Not much.

Their big find was Judge Ozerden’s 2012 opinion in Catholic Diocese of Biloxi v. Sebelius. Here is the Memorandum Opinion.

The Diocese challenged ACA regulations requiring insurance coverage for birth control. They could have filed anywhere in the state. They chose the Coast because they liked the draw. They wanted Judge Ozerden or Judge Guirola.

The problem was the regulations had not gone into effect. So it wasn’t the law. The claim was not ripe for adjudication.

It was not a close call. As the opinion explained, the ripeness doctrine prevents courts from wading into disputes based on future events that aren’t set in stone. There was no appeal.

The Catholic Church filed similar lawsuits all over the country and was losing them all for the same reason. Judge Ozerden’s opinion cited a list. Here is another later decision: Archdiocese of St. Louis Opinion. Federal courts all over the country dismissed over twenty similar cases because of the ripeness issue.

Judge Ozerden’s dismissal was without prejudice. That means the Church could refile the case when the regulations went into effect.

He followed 5th Circuit and Supreme Court precedent and cited the Constitution. He would have looked like a nut if he had gone the other way. It probably would have disqualified him from serious consideration for the 5th Circuit.

Briebart explains none of this because the whole point is to take out Judge Ozerden’s nomination.

An earlier Briebart editorial cited a 5th Circuit reversal in Time Insurance Co. v. White. In that case, the 5th Circuit vacated a Rule 12(c) dismissal of judgment on the pleadings.

Briebart didn’t disclose what happened next. The case went back down, Judge Ozerden granted summary judgment for the insurer he ruled for previously, and the case was again appealed to the 5th Circuit. A unanimous panel affirmed. In other words: “Our bad. You were right last time.”

Two cases. Judge Ozerden was right both times.

Briebart did not explore the argument for Judge Ozerden’s nomination. He is a Mississippian with degrees from Georgetown and Stanford Law School. Most native Mississippians with that resume are now Californians or New Yorkers. To the amazement of many, Judge Ozerden returned home to pursue public service.

Between college and law school, he was a Navy officer and aviator for six years. He flew combat missions. What are the odds of a veteran not being conservative? But being a Navy veteran doesn’t mean anything to the the alt-right.

Judge Ozerden has garnered support from four Mississippi Senators (Lott, Cochran, Wicker, Hyde-Smith). That’s four conservative senators from the the most conservative state in the Union.

Briebart’s suggestion that Ozerden might not be conservative is stupid. He and his family weren’t hiding out in Gulfport. Everyone knew them. They lived one street over from Ole Miss head coach Matt Luke’s family. Of course it wasn’t today’s hyper-partisan world, so people didn’t have to join conservative clubs to prove their bonafides. His father, who the crackpot Briebart commenters worry about, was beloved on the Coast.

And the Coast has conservative bonafides. Voters were electing Trent Lott to Congress in the 1970’s when the rest of Mississippi was solid blue. The same Senator Lott who spoke in glowing terms about Judge Ozerden’s father at the investiture for his District Judge seat.

I don’t know the who or the why behind the attack on Judge Ozerden. I just know it’s not the who and the why given on the surface. The surface attack is too weak to be real.

I hate to even contemplate the worst case scenario, so I won’t go there. At least not now.

There have been rumors for years that political forces in Texas and Louisiana are making a play for Mississippi’s federal judiciary seats. Given those rumors, and Senator Cochran’s recent retirement, you must consider whether the real forces behind the attack are Republicans in Texas and/or Louisiana.

Sure Briebart says Trump could nominate someone else from Mississippi. But Briebart wouldn’t know if it was getting played. And who exactly could Trump nominate? Judge Dan Jordan? He was apparently rejected as not conservative enough.

Or someone with no judicial record at all? Would they rather have what’s behind door number 2 than a known commodity? I’m guessing no. And that would be the argument for giving the seat to a judge from Louisiana or Texas once Judge Ozerden is eliminated.

As long as Thad Cochran was Chairman of the Senate Appropriations Committee, there was only so much other Republicans could safely do to challenge the decisions of Mississippi’s Senators. That protection is gone now.

Someone might be putting Senators Wicker and Hyde-Smith to the test. If they roll on Judge Ozerden’s nomination, they will be viewed as weak and get steamrolled in the future.

Mississippi has military bases and a NASA facility with many civilian employees. Senate clout is important to protecting those jobs. A base closure would be devastating for the state economy.

Wicker and Hyde-Smith not backing down is not just important for Ozerden’s nomination. It’s important for the next time someone tries to go around them or doesn’t take them seriously. It’s important for the economic security of Mississippians who do not know or care about Court of Appeals seats.

[napscoordinator]

I thought a list was made already that was vetted. Stick to the list mr. President.

[cotton1706]

Sorry, but Lott, Cochran, Wicker and Hyde-Smith are NOT conservatives. I would prefer some other nominee to the 5th circuit than somebody Lott and Cochran reccomended.

[Wuli]

Thanks for your informed post.

[DoughtyOne]

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[oldtech]

Seems like a good plan to just pass on this fellow. Why take a chance when surely we can do better. Who is in favor of him? That’s usually the best clue.

[montag813]

Suleyman is a “Palestinian” name, same as the surname of the “Octomom,” a daughter of Palestinian Arabs.

[JayGalt]

It’s so hard to parse some of these appointments. We know what we want but we do not know the nominees personally. I have to agree with your point but I think we lack a complete picture and we don’t have information on other possible more conservative options.

[Georgia Girl 2]

I agree. No muslims.

[JayGalt]

Except this nominee is not Muslim.

[JayGalt]

Thanks Cotton
The more I search the more I have qualms about this Judge based on the 25% reversal score he has achieved and the suggestion that he is not thorough in his preparation for opinions. I’m going to keep researching.

[JayGalt]

I understood the list was for the Supreme court nominees.

[cotton1706]

You’re right. It’s tough to know. Not like the guy would be hurting if he didn’t become a circuit judge. He’d still have a lifetime appointment.

It’ll be interesting to see the Judiciary’s take on this one. Hawley seems to do his homework, which is proper.