Halil Suleyman Ozerden testifies before the Senate Judiciary Committee during his confirmation hearing to be U.S. Circuit Judge for the Fifth Circuit on July 17. (Photo: Diego M. Radzinschi/ALM)

It's no surprise Sen. Ted Cruz, R-Texas, opposes Halil Suleyman "Sul" Ozerden, a nominee for the U.S. Court of Appeals for the Fifth Circuit, who has come under fire from conservatives for a ruling in a religious liberty case.

"For a lifetime appointment on the court of appeals, I believe we should be looking for someone with a strong, demonstrated record as a constitutionalist. I have significant concerns that Judge Ozerden's judicial record does not indicate that he meets that standard," Cruz said in a statement in a Politico article. "For that reason, I do not believe he should be on the court of appeals, and I will oppose his nomination."

The opposition is expected, as Cruz, who ascended to the Senate by riding the ultra-conservative Tea Party movement, asked some of the most critical questions of Ozerden when he appeared before the Senate Judiciary Committee in July.

The nominee has for 12 years presided over the U.S. District Court for the Southern District of Mississippi in Gulfport.

The major issue was Ozerden's ruling in an Obamacare contraceptive mandate challenge, Catholic Diocese of Biloxi Inc. v. Sebelius. At the time, the government was revising the contraceptive rule, so Ozerden found the plaintiff's claims weren't ripe and dismissed the case without prejudice. He said binding Fifth Circuit precedent dictated the outcome.

"The notion I am somehow hostile to religious liberty is simply not accurate," Ozerden told senators.

Yet Cruz expressed deep concerns about Ozerden's record. He discussed specific qualms with Ozerden's ruling in the Catholic Diocese case, saying Ozerden denied the plaintiff a hearing and issued a "cursory opinion" that didn't include a detailed discussion about all of the plaintiff's arguments, nor cite precedent.

Kelly Shackelford, president, CEO and general counsel for First Liberty Institute, one of several conservative organizations that spoke out against Ozerden's nomination, said in a statement that the institute is grateful to Cruz for opposing Ozerden.

"Judge Ozerden has never demonstrated the necessary commitment to the religious liberty and Constitutional principles that America needs," Shackelford said. "There are many highly qualified candidates for the Fifth Circuit. Judge Ozerden is not one of them."

However, at Ozerden's confirmation hearing, Sen. Mazie Hirono, D-Hawaii, said she had reviewed some of Ozerden's rulings and suggested that criticism from conservative groups seemed unfounded.

"You seem pretty conservative," she said.

Both Republican senators from Mississippi, Ozerden's home state, fully support his nomination for the Fifth Circuit.

Chris Gallegos, a spokesman for Sen. Cindy Hyde Smith, R-Mississippi, wrote in an email that Hyde Smith thinks Ozerden is the right choice for the Fifth Circuit.

"She is working to see that his nomination advances to the full Senate for consideration. The senator knows Judge Ozerden has established a strong conservative record on the bench, which is why the president chose him for this important position on the Fifth Circuit," said Gallegos.

No one in Cruz's press office immediately responded to a request for comment. Neither did Ozerden.

Related story:

Fifth Circuit Pick Denies He's 'Hostile to Religious Liberty' as Republicans Pounce