One source familiar with the matter said that it was likely the White House would withdraw the nomination based on the nominee’s lack of support.
Taylor Reidy, a spokeswoman for the Judiciary Committee, said the White House asked that Ozerden be left off the committee agenda this week, but she directed questions about Ozerden’s fate to the White House.
The White House did not immediately respond to a request for comment.
A withdrawal would be an unusual setback for the Trump administration, which has prided itself on the Senate’s high rate of confirming conservative judges to the federal bench.
Despite strong support from his home-state senator Roger Wicker, Ozerden has come under fire from Senate Republicans for his 2012 ruling that deemed a lawsuit against Obamacare’s contraceptive mandate premature.
Sens. Ted Cruz (R-Texas) and Josh Hawley (R-Mo.), both members of the Judiciary Committee, have already said they’ll vote against Ozerden, while other Republicans on the committee said last week they remained undecided.
Ozerden has also faced questions about his FBI background check. Prior to his confirmation hearing, Senate Republicans were briefed on his FBI report by Judiciary Committee staff, a step that typically happens when there is a potential problem with a nominee.