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J. Michelle Childs

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J. Michelle Childs
Judge of the United States Court of Appeals for the District of Columbia Circuit
Incumbent
Assumed office
July 25, 2022
Appointed byJoe Biden
Preceded byDavid S. Tatel
Judge of the United States District Court for the District of South Carolina
In office
August 20, 2010 – August 2, 2022
Appointed byBarack Obama
Preceded byG. Ross Anderson
Succeeded byJacquelyn D. Austin
Judge of the South Carolina Circuit Court, 5th Circuit
In office
2006–2010
Appointed bySouth Carolina General Assembly
Preceded byReggie Lloyd
Succeeded byStephanie P. McDonald
Personal details
Born
Julianna Michelle Childs

(1966-03-24) March 24, 1966 (age 58)
Detroit, Michigan, U.S.
SpouseFloyd Angus
Children1
EducationUniversity of South Florida (BA)
University of South Carolina (MA, JD)
Duke University (LLM)

Julianna Michelle Childs (born March 24, 1966) is an American lawyer and jurist serving as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. She was previously a United States district judge of the United States District Court for the District of South Carolina from 2010 to 2022 and a judge of the South Carolina Circuit Court from 2006 to 2010.

Childs was under consideration by President Joe Biden to fill retiring Justice Stephen Breyer's seat on the Supreme Court of the United States, but Biden instead nominated Ketanji Brown Jackson for Breyer's seat in February 2022.

Early life and education

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Childs was born in 1966 in Detroit, Michigan.[1][2] Her parents divorced when she was young. Her father, Ralph "Pete" Childs, was a champion table tennis player who won the U.S. Junior Championship in 1964 at age 16; he joined the Detroit Police Department as an officer in 1970.[3] Her mother, Shandra (née Green),[4] a personnel manager for Michigan Bell Telephone, decided to move to Columbia, South Carolina, when Childs was 14 years old due to rising crime in Detroit. Childs' father remained in Detroit and died in 1980 at age 32 from a gunshot wound, possibly self-inflicted.[3][5] She attended Columbia High School, where she graduated in 1984 as class president and valedictorian.[1][6] She also took part in youth beauty pageants and won the Miss Black Florida pageant in 1986.[3]

Childs was inspired to pursue a legal career after participating in mock trial programs, first in high school and later at the University of South Florida, which she attended on scholarship.[1][7][8] She is a member of Delta Sigma Theta sorority. She graduated cum laude in 1988 with a Bachelor of Arts degree in management from the University of South Florida.[9] She enrolled at the University of South Carolina School of Law, wanting to practice law in her home state,[1] and graduated in 1991 with a Juris Doctor.[10] Childs also earned a Master of Arts degree in personnel and employment relations from the University of South Carolina School of Business in 1991.[10][11] In 2016, she received her Master of Laws in judicial studies from Duke University School of Law.[12]

Early career

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In 1991, Childs was hired as a law clerk at Nexsen Pruet, a firm that represents employers in labor law litigation.[1] She was a full associate at the firm from 1992 to 1999, and became the first Black woman partner at a major South Carolina law firm when she was named a Nexsen Pruet partner in 2000.[3][8] During her time at the firm, Childs gained a reputation for being an expert in employment and labor law.[8]

After working for Nexsen Pruet, Childs worked in the state government for six years. From 2000 to 2002, Childs served as the deputy director of the division of labor with the South Carolina Department of Labor during the administration of South Carolina Governor Jim Hodges.[13] From 2002 until 2006, she served as a commissioner on the South Carolina Workers' Compensation Commission.[8]

Judicial career

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State court

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In 2006, she was elected by the South Carolina General Assembly to become Richland County Circuit Court Judge based in Columbia.[11] During her time as a state judge, she helmed a special business court pilot program and became chief judge for General Sessions, South Carolina's Criminal Court.[8]

Childs has received criticism from the magazine The American Prospect for sentencing a non-violent man to prison for 12 years for selling eight ounces of marijuana in a 2009 case, while Childs was a circuit court judge.[14]

Federal judicial service

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District court service

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US District Court Judge J. Michelle Childs

On December 22, 2009, President Barack Obama nominated Childs to serve on the United States District Court for the District of South Carolina, to fill the seat vacated by Judge G. Ross Anderson, who assumed senior status on January 29, 2009.[10] On April 16, 2010, a hearing on her nomination was held before the Senate Judiciary Committee. On May 6, 2010, her nomination was favorably reported by the committee.[15] Her nomination was confirmed by the United States Senate on August 5, 2010.[16] She received her commission on August 20, 2010.[17] Her service on the district court terminated on August 2, 2022, when she was elevated to the Court of Appeals.[11]

Childs was elected to the American Law Institute in 2011[18] and served as an adviser on the Restatement Third, Employment Law, an influential legal treatise that was published in 2015.[19][20] She also served on an ALI Regional Advisory Group, helping to identify and recommend new members in North Carolina, South Carolina, and Tennessee.[citation needed] In 2020, Childs was elected chair of the judicial division of the American Bar Association.[21] In February 2021, Childs was promoted as a potential Supreme Court nominee under the Biden administration by U.S. Representative Jim Clyburn of South Carolina.[22][23]

Notable cases

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In November 2014, Childs ruled in favor of two women who sued to have the state recognize their marriage performed in Washington, D.C., finding South Carolina's failure to recognize their marriage to be unconstitutional.[24][25]

In September 2020, Childs granted a preliminary injunction that blocked South Carolina's absentee ballot witness requirement.[26] A United States Court of Appeals for the Fourth Circuit panel initially blocked the injunction granted by Childs, but the full appeals court reinstated it during an en banc session. Ultimately, the injunction was struck down by the U.S. Supreme Court.[27]

Childs has made two decisions related to nuclear reactor facilities in South Carolina. First, in August 2018, Childs refused to enjoin a state law that forced a state utility to cut its customers' rates after the failed construction of two new nuclear reactors in Fairfield County.[28] Second, in December 2021, Childs refused to block a vaccine mandate for workers at a South Carolina nuclear facility. Childs ruled that the company did not have to continue employing someone who refused to get vaccinated.[29] Childs again received criticism from The American Prospect regarding her criminal rulings.[30]

Potential nomination to the Supreme Court

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On January 28, 2022, the White House stated that Childs was among those being considered for nomination to the U.S. Supreme Court, to fill the seat would be vacated after Justice Stephen Breyer's retirement.[31][32] Two days later, one of her home-state U.S. Senators from South Carolina, Republican Lindsey Graham, publicly voiced his support for her potential nomination.[33] Childs' surprising ascent from district court judge to Supreme Court finalist can also be attributed to Jim Clyburn, the House majority whip, who had been lobbying Biden to nominate Childs notwithstanding concerns over Childs' moderate record as a judge and trial lawyer.[34] Labor rights groups voiced their disapproval with Childs' consideration for the U.S. Supreme Court, given her private sector experience working at a law firm many considered to be an "anti-union" law firm.[35] On February 22, 2022, President Biden ultimately chose D.C. Circuit Judge Ketanji Brown Jackson to fill Breyer's seat.[36]

Court of appeals service

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In January 2021, U.S. Representative Jim Clyburn sent a letter to President Biden's transition team encouraging Biden to nominate Childs to the United States Court of Appeals for the District of Columbia Circuit.[37] On December 23, 2021, Biden announced Childs as his nominee for that court,[38] and her nomination was sent to the Senate on January 10, 2022. She was nominated to the seat to be vacated by Judge David S. Tatel, who announced his intent to assume senior status upon confirmation of a successor.[39][37] On April 27, 2022, a hearing on her nomination was held before the Senate Judiciary Committee.[40] On May 26, 2022, her nomination was reported out of committee by a 17–5 vote.[41] On July 11, 2022, Majority Whip Dick Durbin filed cloture on her nomination.[42] On July 14, 2022, the Senate invoked cloture on her nomination by a 58–33 vote.[43] On July 19, 2022, her nomination was confirmed by a 64–34 vote.[44] She received her judicial commission on July 25, 2022.[11]

Personal life

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Childs is married to Floyd Angus, a gastroenterologist, and they have one daughter.[1] She is a Roman Catholic and serves as a trustee on the board of Columbia's St. Martin de Porres Catholic School.[45][46]

See also

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References

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  1. ^ a b c d e f Green, Erica L.; Rojas, Rick (February 9, 2022). "A Product of Public Universities, Michelle Childs Would Be an Unconventional Court Pick". The New York Times. ISSN 0362-4331. Retrieved February 10, 2022.
  2. ^ Alder, Madison (January 28, 2022). "State Court Experience Would Make Childs a High Court Rarity". Bloomberg News. Retrieved January 30, 2022.
  3. ^ a b c d Kranish, Michael (February 12, 2022). "Michelle Childs, a potential Supreme Court pick, recalls being 'devastated' at father's gunshot death". The Washington Post. Retrieved February 13, 2022.
  4. ^ "Ancestors of J. Michelle Childs". February 2, 2022.
  5. ^ Riddle, Lyn (January 26, 2022). "U.S. District Court Judge J. Michelle Childs known as hard worker". The Greenville News. Retrieved January 31, 2022.
  6. ^ Sneed, Tierney (February 2, 2022). "Michelle Childs: South Carolina judge touted for the educational diversity she'd bring to the Supreme Court". CNN. A valedictorian and student body president of her public high school in Columbia
  7. ^ Alder, Madison (January 28, 2022). "State Court Experience Would Make Childs a High Court Rarity". Bloomberg News.
  8. ^ a b c d e Broady, Gavin (August 9, 2014). "The Ardent Ambassador: Judge J. Michelle Childs - Law360". www.law360.com. Retrieved February 21, 2021.
  9. ^ "Class Notes 1980s" (PDF). USF University of South Florida Magazine: 64. Winter 2020. Retrieved January 31, 2022.
  10. ^ a b c President Obama Nominates Judge J. Michelle Childs, Richard Mark Gergel to District Court Bench for the District of South Carolina Archived February 16, 2017, at the Wayback Machine, whitehouse.gov (December 22, 2009).
  11. ^ a b c d J. Michelle Childs at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  12. ^ "Judge J. Michelle Childs (Duke LLM '16) nominated to D.C. Circuit". Duke Law - Bolch Judicial Institute. Bolch Judicial Institute at Duke University School of Law. January 5, 2022. Retrieved January 31, 2022.
  13. ^ Riddle, Lyn (October 14, 2010). "Marriage case judge Childs known as hard worker". The Greenville News. Retrieved February 21, 2021.
  14. ^ Sammon, Alexander (February 17, 2022). "Michelle Childs Sentenced a Man to 12 Years for Selling Eight Ounces of Weed". The American Prospect. Retrieved February 22, 2022.
  15. ^ "PN1320 — J. Michelle Childs — The Judiciary". Congress.gov. Retrieved July 7, 2023.
  16. ^ "PN1320 — J. Michelle Childs — The Judiciary". Congress.gov. Washington, DC: U.S. Senate. August 5, 2010. Retrieved February 22, 2021.
  17. ^ "The Sedona Conference®". The Sedona Conference. Retrieved March 1, 2022.
  18. ^ "The American Law Institute Elects 52 New Members". American Law Institute. October 1, 2011. Retrieved March 1, 2022.
  19. ^ "Restatement Third, Employment Law – List of Project Participants". Archived from the original on December 5, 2014. Retrieved August 20, 2014.
  20. ^ Stempel, Jeffrey (2021). "Hard Battles Over Soft Law". Cleveland State Law Review: 607. Restatements have been influential, perhaps even highly influential. They have been frequently cited by courts, commentators and legislators as either authoritative statements of the law or correct analyses of the law.
  21. ^ "Judge J. Michelle Childs named chair of ABA Judicial Division". Carolina Panorama Newspaper. August 25, 2020. Retrieved February 21, 2021.
  22. ^ Martin, Jonathan (February 21, 2021). "How Democrats Are Already Maneuvering to Shape Biden's First Supreme Court Pick". The New York Times. ISSN 0362-4331. Retrieved February 21, 2021.
  23. ^ Monk, John (March 3, 2021). "No Ivy League, but SC Judge Michelle Childs ready for US Supreme Court, observers say". The State. Retrieved January 18, 2022.
  24. ^ Monk, John (June 27, 2015). "Supreme Court: Same-sex couples have a right to marry in any state". The State. Retrieved January 18, 2022.
  25. ^ "First gay marriage licenses issued in South Carolina". Tampa Bay Times. Associated Press. November 19, 2014. Retrieved January 18, 2022.
  26. ^ Monk, John (May 26, 2020). "Federal judge cites COVID-19 in nixing SC witness requirement for absentee ballots". The State. Retrieved January 18, 2022.[permanent dead link‍]
  27. ^ Liptak, Adam (October 6, 2020). "Supreme Court Revives Witness Requirement for South Carolina Absentee Ballots". The New York Times. ISSN 0362-4331. Retrieved February 21, 2021.
  28. ^ Monk, John (August 7, 2018). "SC electric rates to drop Tuesday after judge denies SCE&G bid to block 15-percent cut". The State. Retrieved January 18, 2022.
  29. ^ Demarest, Colin (December 6, 2021). "Federal judge refuses to block vaccine mandate at Savannah River Site". Post and Courier. Retrieved January 18, 2022.
  30. ^ Sammon, Alexander (February 2, 2022). "Michelle Childs's Punitive Criminal Justice Rulings Were Repeatedly Overturned". The American Prospect. Retrieved February 24, 2022.
  31. ^ Raymond, Nate (January 28, 2022). "Judge Childs being considered for Supreme Court nomination". Reuters. Retrieved March 1, 2022.
  32. ^ Gresko, Jessica; Long, Colleen (January 27, 2022). "Who's who among some possible top Supreme Court contenders". AP News. Retrieved January 30, 2022.
  33. ^ Pengelly, Martin (January 31, 2022). "Supreme court contender J Michelle Childs praised by Trump ally Lindsey Graham". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved January 31, 2022.
  34. ^ Swanson, Ian (February 1, 2022). "Clyburn's favorite for high court faces scrutiny over corporate work". TheHill. Retrieved February 22, 2022.
  35. ^ "Labor issues complicate Judge J. Michelle Childs' Supreme Court candidacy". ABC News. Retrieved February 22, 2022.
  36. ^ Rogers, Katie (February 25, 2022). "Biden Picks Ketanji Brown Jackson for Supreme Court". The New York Times. ISSN 0362-4331. Retrieved February 26, 2022.
  37. ^ a b Alder, Madison (January 28, 2022). "State Court Experience Would Make Childs a High Court Rarity". Bloomberg News.
  38. ^ "President Biden Names Twelfth Round of Judicial Nominees". The White House. December 23, 2021. Retrieved December 23, 2021.
  39. ^ "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. January 10, 2022. Public Domain This article incorporates text from this source, which is in the public domain.
  40. ^ "Nominations". Washington, D.C.: United States Senate Committee on the Judiciary. April 25, 2022.
  41. ^ "Results of Executive Business Meeting – May 26, 2022" (PDF). United States Senate Committee on the Judiciary. Retrieved May 26, 2022.
  42. ^ "PN1671 — Julianna Michelle Childs — The Judiciary". Congress.gov. Retrieved July 7, 2023.
  43. ^ "On the Cloture Motion (Motion to Invoke Cloture: Julianna Michelle Childs to be U.S. Circuit Judge for the District of Columbia Circuit)". United States Senate. July 14, 2022. Retrieved July 14, 2022.
  44. ^ "On the Nomination (Confirmation: Julianna Michelle Childs, of South Carolina, to be U.S. Circuit Judge of the District of Columbia Circuit)". United States Senate. July 19, 2022. Retrieved July 19, 2022.
  45. ^ "Profile of a potential nominee: J. Michelle Childs". SCOTUSblog. February 3, 2022. Retrieved February 4, 2022.
  46. ^ Tinner-Williams, Nate (January 28, 2022). "Will J. Michelle Childs be the next Black Catholic on the Supreme Court?". Black Catholic Messenger. Retrieved February 16, 2022. Judge J. Michelle Childs of South Carolina, is a Black Catholic.
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Legal offices
Preceded by Judge of the United States District Court for the District of South Carolina
2010–2022 		Succeeded by
Preceded by Judge of the United States Court of Appeals for the District of Columbia Circuit
2022–present 		Incumbent
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