Allison Blair Jones Rushing (born 1982)
is an American attorney and jurist serving as a
United States circuit judge
In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
of the
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:
* District of Maryla ...
since March 2019.
Early life, family, and education
Born in
Hendersonville, North Carolina
Hendersonville is a city in Henderson County, North Carolina, United States. It is south of Asheville and is the county seat of Henderson County. Like the county, the city is named for 19th-century North Carolina Supreme Court Chief Justice Leona ...
, Rushing graduated from
East Henderson High School
East Henderson High School is a public high school in East Flat Rock, North Carolina. The school was built in 1960. As of the 2016–2017 school year the student population was 905 with 64 classroom teachers. East Henderson High is part of the Hen ...
in
East Flat Rock, North Carolina
East Flat Rock is an unincorporated area and census-designated place (CDP) in Henderson County, North Carolina, Henderson County, North Carolina, United States. The population was 4,995 at the 2010 United States Census, 2010 census, up from 4,151 a ...
. Rushing graduated ''
summa cum laude
Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
'' and
Phi Beta Kappa
The Phi Beta Kappa Society () is the oldest academic honor society in the United States, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal a ...
from
Wake Forest University
Wake Forest University is a private research university in Winston-Salem, North Carolina. Founded in 1834, the university received its name from its original location in Wake Forest, north of Raleigh, North Carolina. The Reynolda Campus, the un ...
in 2004 with a
Bachelor of Arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
in
music
Music is generally defined as the art of arranging sound to create some combination of form, harmony, melody, rhythm or otherwise expressive content. Exact definitions of music vary considerably around the world, though it is an aspect ...
. In 2007, she earned her
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
, ''
magna cum laude
Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some So ...
'', from the
Duke University School of Law
Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit th ...
. Rushing served as executive editor of the ''
Duke Law Journal
The ''Duke Law Journal'' is a student-run law review and the premier legal periodical of Duke University School of Law. The journal publishes general-interest articles and student notes in eight issues each year.
History and Overview
The journa ...
''.
Rushing is a Baptist. She is married to Blake Rushing.
Career
In 2005, Rushing was a law student intern at the
Alliance Defending Freedom
Alliance Defending Freedom (ADF, formerly Alliance Defense Fund) is an American conservative Christian legal advocacy group that works to curtail rights for LGBTQ people; expand Christian practices within public schools and in government; and ...
(ADF), a
conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
Christian
nonprofit
A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...
organization.
Rushing wrote or co-wrote several amicus briefs on behalf of ADF and spoke at a number of ADF events.
ADF has been criticized for opposing
LGBT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.
The LGBT term is a ...
rights.
In 2007, Rushing had a summer law clerkship with the Department of Justice.
After graduating from law school, Rushing
clerked for then-Judge
Neil Gorsuch
Neil McGill Gorsuch ( ; born August 29, 1967) is an American lawyer and judge who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since ...
of the
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Dist ...
from 2007 to 2008 and Judge
David B. Sentelle
David Bryan Sentelle (born February 12, 1943) is a United States federal judge, Senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.
Early life, family and education
David Sentelle was bor ...
of the
from 2008 to 2009.
From 2009 to 2010, Rushing was an
associate at
Williams & Connolly
Williams & Connolly LLP is an American law firm based in Washington, D.C. The firm was founded by trial lawyer Edward Bennett Williams in collaboration with Paul Connolly, a former student of his. Williams left the partnership of D.C. firm Hog ...
in
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
She clerked for Associate Justice
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...
of the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
during the 2010–2011 term. Following the end of her clerkship in 2011, Rushing rejoined Williams & Connolly in its
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
office under
Kannon Shanmugam
Kannon Kumar Shanmugam (born November 15, 1972) is an American lawyer known for his litigation at the U.S. Supreme Court. He has been a partner at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison since 2019, and is the managing partner ...
. Rushing became a member of the
Federalist Society
The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquartered ...
in 2012.
She volunteered as a legal advisor to
Mitt Romney's 2012 presidential campaign.
Rushing was named partner at Williams & Connolly in January 2017. After being appointed to the Fourth Circuit, she left Williams & Connolly.
[ ]
Federal judicial service
![Allison J](https://upload.wikimedia.org/wikipedia/commons/4/4a/Allison_J._Rushing_%28cropped%29.jpg)
On August 27, 2018, President
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
announced his intent to nominate Rushing to serve as a United States Circuit Judge of the
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:
* District of Maryla ...
.
Her official nomination was received on the same day by the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
. She was nominated to the seat being vacated by
Allyson Kay Duncan
Allyson Kay Duncan (born September 5, 1951, in Durham, North Carolina) is a former United States circuit judge of the United States Court of Appeals for the Fourth Circuit. She was the Fourth Circuit's first female African American judge.
Backgro ...
, who previously announced her intention to assume
senior status
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
upon the confirmation of her successor. On October 17, 2018, a hearing on her nomination was held before the
Senate Judiciary Committee
The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...
. Rushing has argued that there are "both moral and practical" reasons to ban
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
. During Rushing's confirmation hearing, she was questioned about her ties to the ADF. Rushing was asked if she would recuse herself from ADF-related cases if confirmed. She replied: "I would determine the appropriate action with the input of the parties, consultation of these rules and ethical canons, and consultation with my colleagues."
Asked about ADF being labeled a "hate group" by the
Southern Poverty Law Center
The Southern Poverty Law Center (SPLC) is an American 501(c)(3) nonprofit legal advocacy organization specializing in civil rights and public interest litigation. Based in Montgomery, Alabama, it is known for its legal cases against white su ...
, Rushing said: "Hate is wrong, and it should have no place in our society. In my experience with ADF, I have not witnessed anyone expressing or advocating hate."
On January 3, 2019, her nomination was returned to the President under
Rule XXXI, Paragraph 6 of the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
. On January 23, 2019, President Trump announced his intent to renominate Rushing for a federal judgeship. Her nomination was sent to the Senate later that day. On February 7, 2019, her nomination was reported out of committee by a 12–10 vote. On March 4, 2019, the Senate invoked cloture on her nomination by a 52–43 vote. On March 5, 2019, Rushing was confirmed by a 53–44 vote. At the time of her confirmation, she was the youngest
federal judge in the United States. Rushing received her judicial commission on March 21, 2019.
On September 9, 2020, President Trump named Rushing as a potential choice to fill a
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
vacancy if one should open. After the death of
U.S. Supreme Court Justice
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
on September 18, President Trump briefly considered nominating Rushing to replace her; however, he chose Judge
Amy Coney Barrett
Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. S ...
of the
U.S. Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
* Central District of Illinois
* Northern District of Ill ...
instead.
See also
*
Donald Trump judicial appointment controversies
*
*
Donald Trump Supreme Court candidates
With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his vi ...
References
Selected publications
*
External links
*
*
Profileat Williams & Connolly
Who is Allison Jones Rushing National Review
{{DEFAULTSORT:Rushing, Allison Jones
1982 births
Living people
21st-century American women lawyers
21st-century American lawyers
21st-century American judges
21st-century American women judges
Duke University School of Law alumni
Federalist Society members
Judges of the United States Court of Appeals for the Fourth Circuit
Law clerks of the Supreme Court of the United States
Lawyers from Washington, D.C.
North Carolina lawyers
People from Flat Rock, Henderson County, North Carolina
United States court of appeals judges appointed by Donald Trump
Wake Forest University alumni
Williams & Connolly people