Allison Jones Rushing
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Allison Blair Jones Rushing (born 1982) is an American attorney and jurist serving 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 Maryland ...
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 Leon ...
, 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 He ...
in
East Flat Rock, North Carolina East Flat Rock is an unincorporated area and census-designated place (CDP) in Henderson County, North Carolina, United States. The population was 4,995 at the 2010 census, up from 4,151 at the 2000 census. It is part of the Asheville Metropolitan ...
. 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 ...
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 yea ...
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 aspe ...
. 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 l ...
, ''
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 Sou ...
'', 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 t ...
. 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 in ...
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 ...
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 * Distr ...
from 2007 to 2008 and Judge
David B. Sentelle David Bryan Sentelle (born February 12, 1943) is a 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 born in Canton, North Carolina. ...
of the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate co ...
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. 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 1 ...
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 tribunals in the United States, federal court cases, and over Stat ...
during the 2010–2011 term. Following the end of her clerkship in 2011, Rushing rejoined Williams & Connolly in its Washington, D.C. office under Kannon Shanmugam. 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. Headquarter ...
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

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 P ...
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 Maryland ...
. 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 po ...
. 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 court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
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 ...
. 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 sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
. 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 ...
, 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 po ...
. 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 Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level. United States A US federal judge is appointed by the US President and confirmed by the US Senate in accordance with Article 3 ...
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 vacancy if one should open. After the death of U.S. Supreme Court Justice
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 Presiden ...
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. ...
of the U.S. Court of Appeals for the Seventh Circuit instead.


See also

*
Donald Trump judicial appointment controversies Donald Trump, President of the United States from 2017 to 2021, entered office with a significant number of judicial vacancies, including a Supreme Court vacancy due to the death of Antonin Scalia in February 2016. During the first eight months ...
*
List of law clerks of the Supreme Court of the United States (Seat 10) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Mos ...
*
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

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External links

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Profile
at 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