Rachel Bloomekatz – Nominee to the U.S. Court of Appeals for the Sixth Circuit

In 2019, the Trump Administration nominated former Jones Day attorney Chad Readler to the Sixth Circuit. Now, the Biden Administration is seeking to tap one of Readler’s old associates, Columbus attorney Rachel Bloomekatz.

Background

Born December 3, 1982, Rachel Bloomekatz received a B.A. magna cum laude from Harvard University in 2004 and a J.D. from UCLA Law School in 2008 before clerking for Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit and for Chief Justice Margaret Marshall on the Massachusetts Supreme Judicial Court. She then spent a year at the Massachusetts Attorney General’s Office before clerking for Justice Stephen Breyer on the U.S. Supreme Court.

Bloomekatz then spent two years at Jones Day before becoming a principal at the civil rights firm Gupta Wessler PLLC. Since 2019, Bloomekatz has been a solo practitioner at Bloomekatz Law LLC.

History of the Seat

Bloomekatz has been nominated for an Ohio seat on the U.S. Court of Appeals for the Sixth Circuit. This seat opened in December 2021 with Judge Ransey Guy Cole’s announcement that he would move to senior status upon confirmation of a successor. Bloomekatz was nominated on May 25, 2022.

Legal Experience

Bloomekatz started her career as an associate at Jones Day. While at the firm, she worked with future Sixth Circuit Judge Chad Readler in challenging the granting of class certification to a series of suits brought against Proctor & Gamble for alleged deceptive marketing of probiotic digestive supplements. See Rikos v. P.G., 799 F.3d 497 (6th Cir. 2015). The grant was affirmed 2-1 by the Sixth Circuit. See id.

From 2016 to 2019, Bloomekatz worked as a principal at Gupta Wessler PLLC. At Gupta Wessler, Bloomekatz particularly worked on a number of election law cases, including successfully suing to allow 17 year olds to vote in the 2016 primary elections. See Tom LoBianco, In Victory for Sanders, Ohio Judge Says 17-Year-Olds Can Vote in Primary, CNN, Mar. 11, 2016. Bloomekatz’s expertise in election law also resulted in her appointment by the Sixth Circuit as amicus. See In re 2016 Primary Election, 836 F.3d 584, 586 (6th Cir. 2016) (Sutton, J.) (noting that Bloomekatz “admirably” defended the district court order after appointment from the court).

Additionally, Bloomekatz represented Brandon Moore in challenging a sentence of 112 years in prison for a series of convictions arising from an incident when he was 15 years old. Andrew Welsh-Huggins, Teen Rapist Given 112-Year Sentence Appeals to Top Court, A.P., Feb. 4, 2015. The Ohio Supreme Court struck down the sentence as unconstitutional in a 4-3 vote. See Andrew Welsh-Huggins, Ohio Supreme Court Rejects Teen Rapist’s 112-Year Sentence, A.P., Dec. 22, 2016.

Bloomekatz also represented the American Cancer Society Cancer Action Network in multiple suits involving harms from tobacco, see Graham v. R.J. Reynolds Tobacco Co., 857 F.3d 1169 (11th Cir. 2017), and beverages. See Am. Bev. Ass’n v. City & Cty. of San Francisco, 916 F.3d 749 (9th Cir. 2019) (en banc).

Since 2019, Bloomekatz has served as a solo practitioner based in Columbus. During her time as a solo practitioner, Bloomekatz has notably represented parents in a suit against the Madison Local School District over their plan to arm teachers without conducting law enforcement training otherwise required. See Gabbard v. Madison Local Sch. Dist. Bd. of Educ., 153 N.E.3d 471 (Ohio App. 2020). The policy was ultimately struck down by the Ohio Supreme Court. See Louise Hall, Teachers Must Have Police Training to Carry Guns at School, Ohio’s Top Court Rules, The Independent, June 24, 2021. Bloomekatz has also filed suit against Ohio’s “Stand Your Ground” law for violating the state’s single-subject rule and three-day consideration provisions. See Anna Staver, Group Challenges Ohio’s Stand Your Ground Law, Columbus Dispatch, Sept. 10, 2021.

Statements and Writings

Like a number of other judicial nominees, Bloomekatz authored a law review note as a student. Her paper discusses the protections that immigrants have from employment discrimination and exploitation. See Rachel Bloomekatz, Rethinking Immigration Status Discrimination and Exploitation in the Low-Wage Workplace, 54 UCLA L. Rev. 1963 (August 2007). The comment discusses various applications of particular federal statutes on discrimination based on immigration status, including discrimination against U.S.-born workers. In the paper, Bloomekatz suggests that an expansion of Section 1981, which bars racial discrimination in contracting, to cover alienage discrimination, is the best legal tool to address such issues. Id. at 1989-90.

Political Activity

Bloomekatz has been a frequent political contributor throughout her career. Among the recipients of her donations are President Biden, Senator Sherrod Brown, and Hillary Clinton.

Additionally, Bloomekatz has worked as counsel for the campaigns of several Ohio Democrats, including Brown. Bloomekatz also served for the campaign of Danny O’Connor, who narrowly lost a house seat to Rep. Troy Balderson in 2018.

Overall Assessment

For her part, Bloomekatz, at 39, is the youngest Biden appointee to the federal appellate bench so far. However, her youth belies extensive experience with both trial and appellate litigation. Furthermore, given that a number of members of her clerk class at the Supreme Court were appointed to the federal bench under Trump, senators are unlikely to gain much traction by arguing that Bloomekatz is under-qualified for the federal bench.

This is not to say that Bloomekatz will not face strong opposition. Her role in election litigation, as well as her work on firearms regulations, are likely to draw particular fire, and Bloomekatz will likely face a hotly contested confirmation. Nonetheless, with the support of Sen. Sherrod Brown, Bloomekatz is nonetheless favored to join the bench before the end of the session.