Confirm Rachel Bloomekatz to the Sixth Circuit

As the Senate reconvenes after its July Fourth Recess, the upper chamber must swiftly appoint Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit. The nominee whom President Joe Biden selected in May 2022 provides substantial gender, experiential and ideological expertise she gained in litigating important gun control, environmental and other major cases in federal courts.

Across 15 years, the nominee attained law’s pantheon across a spectrum that spans clerking with Justice Stephen Breyer and distinguished federal and state jurists to pursuing many cases for global Jones Day law firm. The vacancy she would fill has been empty for more than a year. Thus, the chamber should quickly confirm the very competent, mainstream nominee.

The opening arose in December 2021, when able Sixth Circuit Judge Guy Cole announced he would assume senior status following much dedicated public service. The White House counsel systematically furnished capable, moderate picks for Biden’s analysis. The office canvassed talented prospects they carefully reviewed for this vacancy by avidly consulting Ohio Sens. Rob Portman (R) and Sherrod Brown (D), while Brown found Bloomekatz a highly “qualified nominee with impressive legal credentials.” The administration expeditiously considered and proposed two strong, mainstream choices, namely including Bloomekatz.

When tapping the candidate, Biden comprehensively reviewed her qualifications. Bloomekatz is a solo practitioner in Columbus, Ohio’s Bloomekatz Law, which she recently founded. From 2016 until 2019, the nominee was a principal with Gupta Wessler, a respected firm, whose focus is appeals, especially to the Supreme Court. Bloomekatz prepared briefs on complex issues before the Supreme Court, federal appellate courts, and state high courts. Between 2013 and 2015, she litigated with Jones Day, working on complicated appeals involving the firm’s corporate practice. Upon graduation, the nominee efficaciously clerked with revered Second Circuit Judge Guido Calabresi before analogously helping Margaret Marshall, the venerated Massachusetts Supreme Judicial Court chief justice.

Bloomekatz’s powerful record shows she is an ethical, intelligent, diligent and diverse nominee, who enjoys measured temperament. Bloomekatz captured a well qualified rating, the highest, from the American Bar Association evaluation committee. When Brown introduced her at the Judiciary Committee hearing, the senator voiced support for the “highly qualified nominee [who has] impressive legal credentials [and critical expertise,] intellect, empathy and deep commitment to justice.” The senator contended she had represented ample clients “across the ideological and political spectrum,” lauding her practice’s breadth.

The senator also quoted a letter which 20 of her “fellow Supreme Court clerks [penned] saying: We hold diverse opinions on many areas of law. But we [concur] that Rachel is an extraordinary nominee who will uphold [the] rule of law, equal justice, and fidelity to the Constitution.” Brown productively read from an analogous letter by 25 Ohio appellate counsel. He suggested her “most powerful endorsement is [by] the Sixth Circuit [Judges], who appointed her to represent clients [with] fundamental rights [at] stake.” The panel chair, Sen. Richard Durbin (D-Ill.), emphasized her proponents’ bipartisanship, wisely stating the Federalist Society Columbus chapter, a conservative legal group, supported Bloomekatz.

She exhibited these qualities when testifying in a June panel hearing, while Democrats seemed pleased with her comprehensive, perceptive responses and broad expertise. For instance, the nominee explained how she represented a wide spectrum of clients encompassing mammoth industry employers and many individuals who sue corporations. When queried about differences between her current role and being a judge, she assessed the sharp distinction between championing a position and being a neutral arbiter.

Nonetheless, Republican senators questioned Bloomekatz regarding clients she represented in cases involving gun control and related “culture war” issues. For example, Sen. Marsha Blackburn (Tenn.) wondered how the nominee could separate her political perspectives respecting the Second Amendment when deciding matters. Bloomekatz responded by pledging she would strongly follow U.S. Supreme Court and Sixth Circuit precedents. Sen. John Kennedy (La.) pressed her about whether she personally agreed with Everytown for Gun Safety’s political views, especially banning many assault weapons. The nominee powerfully replied it would be inappropriate to “express personal opinions,” because, if confirmed, she could need to resolve the exact question at issue. Notwithstanding her careful responses, panel member Sen. Josh Hawley (Mo.) completely probed aspects of representation she proffered someone convicted for terrible behavior. The nominee conceded the defendant’s conduct was “atrocious,” but she responsively claimed every person charged “is entitled to a defense [and] a constitutional sentence.”

Early in August, the panel rigorously deliberated on her ample capabilities, which yielded a tie vote, purportedly because Democrats and Republicans and the nation disagree over the Second Amendment, notwithstanding Bloomekatz’s clear abilities. Views of both parties’ senators resembled ideas most espoused in the hearing. For instance, Sen. Chuck Grassley (R-Iowa) alleged Bloomekatz “had a history of progressive litigation that raises concerns [she’ll] be an activist on the bench.” Durbin defended the nominee by asserting her careful advocacy would not color how Bloomekatz treats questions, if confirmed.

At the 117th Congress’ end, deficient time remained to confirm this nominee or many other prominent, moderate Biden nominees, so their nominations expired on Jan. 3, 2023. Thus, Biden renamed many during this month. The panel then approved Bloomekatz 11-10 in early February.

Beyond her distinguished credentials and comprehensive record, many reasons support quickly chamber appointment. First, Judge Cole’s post has remained empty for plentiful months. Second, Biden tapped Bloomekatz over a year ago. Making well qualified nominees and candidates wait prolonged times can mean that some people will place their careers and lives on hold. This might have importance to Bloomekatz, who presently assumes vast solo practitioner duties. Third, the opening requires that Cole and his judicial colleagues decide abundant cases, although plenty of senior jurists address considerably fewer appeals. This judge has kept addressing substantial matters, which allows the tribunal to continue speedily, inexpensively, and equitably treating numerous cases. Litigants, counsel, and citizens are clearly indebted to the experienced jurist for robust ongoing service. However, the delay and partisan conflicts, which implicated both parties’ senators that have left his vacancy open, could be rather inequitable to the dedicated public servant who earned senior status months ago.

Now that the chamber has reassembled, Majority Leader Chuck Schumer (D-N.Y.) must expeditiously proffer a robust floor debate and confirmation ballot, which appoints Rachel Bloomekatz to the Sixth Circuit post that has long remained empty. Her distinctive record means the able, diverse nominee merits immediate confirmation, and Bloomekatz’s competence will allow the tribunal to keep promptly, economically, and fairly resolving a huge docket.

Carl Tobias is the William Chair in Law at the University of Richmond.