What’s Behind the Alt-Right’s Attack on Judge Ozerden?


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. Specifically, the alt-right.
Over the summer, the white nationalist cite Breitbart ran hit pieces on Judge Ozerden. Here is the latest. If you want to be disgusted, look at the comments of these editorials. For many on the right, Judge Ozerden’s problem is his name and the fact his father was from Turkey and Muslim.
By the way, Briebart doesn’t have to publish those Anti-American, racist, xenophobic comments. They choose to. Think about that. And think about the mindset of those Briebart commenters. The United States may have been founded based on freedom of religion, but to those guys, being Episcopalian is not pure enough.
That the son of a Turkish immigrant can serve on a federal court of appeals is what makes America great. If that doesn’t ring true to you, you’re just going to have to trust me. In Mississippi, we know something about being on the wrong side of history. That’s you–right now.
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

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