The Texas senator is opposing one of President Trump’s appellate-court nominees, Halil Suleyman “Sul” Ozerden. His office provided a statement to Politico:
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. For that reason, I do not believe he should be on the court of appeals, and I will oppose his nomination.
Ozerden is up for the Fifth Circuit, which includes Texas. He seems to have gotten the nomination because a) Don McGahn, who had blocked him when he was White House counsel, left the administration; b) Mick Mulvaney, a friend of Ozerden, became acting White House chief of staff; and c) he had the support of his home-state senator Roger Wicker.
Josh Hammer has detailed some of the concerns conservatives have raised about Ozerden’s nomination, especially with respect to religious liberty.