Bloomekatz Confirmed to Sixth Circuit as Senate Clearing Backlog

Rachel Bloomekatz, a litigator whose work on gun control drew Republican scrutiny, was narrowly confirmed to a US appeals court seat.

The former Jones Day associate and Gupta Wessler principal was confirmed 50-48 by the Senate on Tuesday to the US Court of Appeals for the Sixth Circuit, more than a year after first being nominated. She’ll fill the Ohio seat being vacated by Judge Ransey Guy Cole.

Bloomekatz received no Republican votes. Sen. Joe Manchin (D-W.Va.) crossed party lines to vote no as he’s done recently on Biden judicial nominees who Republicans opposed based on their progressive legal careers. Manchin’s in a tough reelection fight in his conservative home state.

Senate Democrats have spent the summer working to clear a backlog of two dozen judicial nominees whose progress was slowed by partisan politics and health-related absences by Sen. Dianne Feinstein (D-Calif.) and other members, disrupting their razor thin majority.

Vetting of the only other pending appellate nominees, Ana de Alba for the Ninth Circuit and Irma Ramirez for the Fifth, so far has been swift. They await full Senate consideration. A handful of district nominees from 2021 and 2022 also await votes.

Bloomekatz, 40, a UCLA law school graduate and clerk to former Supreme Court Justice Stephen Breyer, has been a solo practitioner in Columbus since 2019.

Bloomekatz received backing for her nomination from dozens of lawyers, including former colleagues. Signers in a letter to the Senate Judiciary Committee said they frequently disagree with Bloomekatz on issues, but not with her ability to serve.

“Based on our interactions with Rachel, she can be counted on as a judge to probe deeply into the record, ask incisive questions, challenge assumptions, and give frank assessments,” they wrote. “She approaches legal questions with an open mind and a desire to get it right.”

Former US Supreme Court clerks “from across the political spectrum” also expressed support for her in a letter to the Judiciary Committee.

Nomination Controversy

Primarily focused on appellate litigation in federal and state courts, Bloomekatz has drafted dozens of briefs, and has argued before US circuit courts and the Ohio Supreme Court, according to her Senate Judiciary Committee questionnaire. She has also advised Democrats, including the Biden-Harris 2020 campaign in Ohio.

But Republicans at her June 2022 confirmation hearing and in written follow-up questions raised her work with Everytown Law. That’s the legal branch of Everytown for Gun Safety, which advocates for universal background checks and other gun control measures. (Bloomberg Law is operated by entities controlled by Michael Bloomberg, who serves as a member of Everytown for Gun Safety’s advisory board.)

Bloomekatz has served as co-counsel in two cases with Everytown. In Gabbard v. Madison Local School District, she co-represented parents suing over a school district policy of arming teachers. It was ruled unlawful on appeal.

In Ohio State Conference of the NAACP v. Ohio, she co-represented groups and lawmakers challenging the state’s “Stand Your Ground” law. Bloomekatz also consulted for Everytown on questions of state preemption of local firearms-related ordinances, she told the committee.

In a tense exchange, Sen. John Kennedy (R-La.) praised Bloomekatz’ credentials before raising her work with Everytown and its gun safety provisions. He asked whether she’d support an assault weapons ban.

“Senator, as a mom and someone who cares about gun violence, I think these issues are very important to discuss,” Bloomekatz said in suggesting the matter be left with policymakers, before Kennedy cut her off.

Kennedy pressed further. Bloomekatz said it would be inappropriate for her to express personal views while a nominee, and said she’d follow the law as a judge. Kennedy accused her of dodging his question.

Appellate, Political

At the time of her nomination, Bloomekatz was lead appellate counsel in a case over injuries the court said later were caused by E. I. du Pont de Nemours ground-water contamination in Ohio and West Virginia. She also represented environmental groups in a successful challenge to a Public Utility Commission of Ohio decision.

In addition to the Biden-Harris campaign, Bloomekatz was legal director for Sen. Sherrod Brown’s (D-Ohio) 2012 re-election.