Kathryn Kimball Mizelle
Kathryn Kimball Mizelle is a judge on theUnited States District Court for the Middle District of Florida. She was nominated by PresidentDonald Trump (R) on September 8, 2020, and confirmed by a 49-41 vote of theU.S. Senate on November 18, 2020. To see a full list of judges appointed byDonald Trump,click here.
TheUnited States District Court for the Middle District of Florida is one of 94U.S. District Courts. They are the generaltrial courts of theUnited States federal courts. To learn more about the court,click here.
Mizelle was an attorney at Jones Day from 2019 to 2020. From 2018 to 2019, Mizelle was a law clerk to JusticeClarence Thomas on theSupreme Court of the United States.
Judicial nominations and appointments
United States District Court for the Middle District of Florida (2020-present)
On September 8, 2020, PresidentDonald Trump (R) nominated Mizelle to a seat on theUnited States District Court for the Middle District of Florida. She was confirmed by a 49-41 vote of theU.S. Senate on November 18, 2020.[1] Mizelle received commission on November 20, 2020.[2] To read more about the federal nominations process,click here.
 |
| Nominee Information |
| Name: Kathryn Kimball Mizelle |
| Court:United States District Court for the Middle District of Florida |
| Progress |
| Confirmed 71 days after nomination. |
 ANominated: September 8, 2020 |
| AABA Rating:Substantial majority not qualified/Minority qualified |
| Questionnaire:Questionnaire |
| AHearing: September 9, 2020 |
| QFRs:QFRs(Hover over QFRs to read more) |
| AReported: October 22, 2020 |
| AConfirmed: November 18, 2020 |
| AVote: 49-41 |
Confirmation vote
The U.S. Senate confirmed Mizelle by a vote of 49-41 on November 18, 2020.[1] To see a full breakdown of the vote on the official U.S. Senate website,click here.
| Mizelle confirmation vote (November 18, 2020) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic | 0 | 40 | 5 | ||||||
 Republican | 49 | 0 | 4 | ||||||
 Independent | 0 | 1 | 1 | ||||||
| Total | 49 | 41 | 10 | ||||||
Change in Senate rules
Mizelle was confirmed to a U.S. District Court under a new precedent the Senate established.
On April 3, 2019, theU.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees todistrict court judgeships from 30 hours after invokingcloture to two.[3]
The change was passed under a procedure, often referred to as thenuclear option, that requires 51 votes rather than 60.[4]
It was the third use of thenuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to theSupreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[5] For more, seeFilibuster and reconciliation in the United States Congress.
Senate Judiciary Committee hearing
Mizelle had her hearing before theSenate Judiciary Committee on September 9, 2020.[6] Mizelle's nomination was reported to the full Senate on October 22, 2020, after a 12-0 committee vote. No Democratic committee members were present to advance her nomination.[7]
ABA rating
TheAmerican Bar Association rated Mizellenot qualified by a substantial majority andqualified by a minority for the position.[8] To read more about ABA ratings,click here.
In a letter to Sens.Lindsey Graham (R-S.C.) andDianne Feinstein (D-Calif.), the ABA said it was concerned about Mizelle's experience. The committee explained its criteria provided that nominees have 12 years' experience practicing law. Of Mizelle, the committee Chair Randall Noel wrote, " The nominee was admitted to practice law in Florida on September 27, 2012. This represents a rather marked departure from the 12 year minimum." Noel continued that the rating did not reflect on Mizelle's character or intellect.[9]
During her hearing before theSenate Judiciary Committee on September 9, 2020, Mizelle said, "My experience in court as a federal prosecutor is what makes me qualified to do this job."[10]
Nomination
On August 12, 2020, PresidentDonald Trump (R) announced his intent to nominate Mizelle to a seat on theUnited States District Court for the Middle District of Florida.[11] The president officially submitted the nomination on September 8, 2020.[1]
Mizelle was nominated to succeed JudgeVirginia Covington, who assumedsenior status on July 12, 2020.
Mizelle received support from U.S. SenatorsMarco Rubio (R) andRick Scott (R).[12]
- Rubio said, "Mizelle is a highly qualified nominee having served in various legal roles both in the public and private sector. Notably, she has served as a law clerk at every level of the federal judiciary, most recently as clerk to United States Supreme Court Justice Clarence Thomas."
- Scott said, "Congrats to Kathryn Mizelle on her nomination by @POTUS to the U.S. District Court for the Middle District of FL! I look forward to supporting her nomination in the Senate & appreciate @senatemajldr ’s commitment to acting swiftly on federal judicial noms."
Early life and education
Mizelle was born in 1987 in Lakeland, Florida.[13] She obtained a B.A.,summa cum laude, in economics and philosophy from Covenant College in 2009 and aJ.D.,summa cum laude, from the University of Florida's Levin College of Law in 2012. During her legal studies, Mizelle was the executive notes and comments editor of theFlorida Law Review.[11][14]
Professional career
- 2020-present: Judge,U.S. District Court for the Middle District of Florida
- 2020: Adjunct professor of law, University of Florida Levin College of Law
- 2019-2020: Issues and appeals associate, Jones Day
- 2018-2019: Law clerk to JusticeClarence Thomas,Supreme Court of the United States
- 2018: Law clerk to JudgeGregory Katsas,United States Court of Appeals for the District of Columbia Circuit
- 2014-2018:U.S. Department of Justice
- 2017-2018: Counsel to the associate attorney general
- 2014-2017: Trial attorney, Tax Division
- 2014-2015: Special assistantU.S. attorney, Eastern District of Virginia
- 2013-2014: Law clerk to JudgeWilliam Pryor,United States Court of Appeals for the 11th Circuit
- 2012-2013: Law clerk to JudgeJames Moody,United States District Court for the Middle District of Florida[14]
Awards and associations
Awards
- 2019: Temple Bar Scholar, American Inns of Court
- 2019: Outstanding Young Law Alumnus Award, University of Florida Levin College of Law
- 2018: Outstanding Young Alumni Award, University of Florida Alumni Association
- 2017: John Marshall Fellow, Claremont Institute for the Study of Statesmanship and Political Philosophy
- 2015-2016: Leonine Fellow, Leonine Forum
- 2014: Honors program,U.S. Department of Justice[13]
Associations
- 2012-present: The Florida Bar
- 2020-present: Appellate practice section
- 2020-present: Government lawyer section
- 2016-present: Member, Teneo Network
- 2012-present:The Federalist Society
- 2014-2017: D.C. Young Lawyers Chapter steering committee
- 2012-present: Alumni, Florida Blue Key
- 2012-present: Member, University of Florida Law Alumni Council
- 2012-2013: Pupil, Goldburg & Cacciatore Criminal Law Inn of Court, Tampa, Florida[13]
Noteworthy cases
Voiding federal transportation mask requirement (2022)
On April 18, 2022, U.S. District JudgeKathryn Kimball Mizelle voided the Center for Disease Control (CDC) regulation requiring masks to be worn on airplanes and other public transportation.[15][16] Plaintiffs Ana Carolina Daza, Sarah Pope, and the Health Freedom Defense Fund filed the lawsuit on July 12, 2021, alleging that the CDC had exceeded its authority under theAdministrative Procedure Act (APA). Mizelle concluded "that the Mask Mandate exceeds the CDC's authority and violated the procedures required for agency rulemaking under the APA," and sent the requirement to the CDC for further proceedings.[16]
About the court
TheUnited States District Court for the Middle District of Florida is one of 94United States district courts. The district has courthouses inFort Myers,Jacksonville,Ocala,Orlando, andTampa. When decisions of the court are appealed, they are appealed to theUnited States Court of Appeals for the Eleventh Circuit based in downtownAtlanta at the Elbert P. Tuttle Federal Courthouse.
The Middle District of Florida hasoriginal jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
It holds court in Fort Myers, Jacksonville, Ocala, Orlando, and Tampa Bay.
There are five court divisions, each covering the following counties:
TheFort Myers Division, coveringCharlotte,Collier,DeSoto,Glades,Hendry, andLee counties.
TheJacksonville Division, coveringBaker,Bradford,Clay,Columbia,Duval,Flagler,Hamilton,Nassau,Putnam,St. Johns,Suwannee, andUnion counties.
TheOcala Division, coveringCitrus,Lake,Marion, andSumter counties.
TheOrlando Division, coveringBrevard,Orange,Osceola,Seminole, andVolusia counties.
TheTampa Division, coveringHardee,Hernando,Hillsborough,Manatee,Pasco,Pinellas,Polk, andSarasota counties.
The federal nomination process
Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:
- The president nominates an individual for a judicial seat.
- The nominee fills out a questionnaire and is reviewed by theSenate Judiciary Committee.
- The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
- As part of this process, the committee sends ablue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
- After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
- If approved, the nominee is voted on by the full Senate.
- If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
- The Senate holds a vote on the candidate.
- If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
- If the Senate does not confirm the nomination, that nominee does not become a judge.
See also
- United States District Court for the Middle District of Florida
- United States Court of Appeals for the 11th Circuit
External links
- Biography from theFederal Judicial Center
- LinkedIn profile
- Profile from Jones Day
- Profile from the Florida Bar
- Biography fromThe Federalist Society
- United States District Court for the Middle District of Florida
- United States Court of Appeals for the 11th Circuit
Footnotes
- ↑1.01.11.2Congress.gov, "PN2208 — Kathryn Kimball Mizelle — The Judiciary," accessed September 9, 2020
- ↑Federal Judicial Center, "Mizelle, Kathryn Kimball," accessed November 23, 2020
- ↑The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
- ↑Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
- ↑NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
- ↑Senate Judiciary Committee, "Nominations," September 9, 2020
- ↑Senate Judiciary Committee, "Results of Executive Business Meeting," October 22, 2020
- ↑American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed September 9, 2020
- ↑American Bar Association, "Letter Re: Nomination of Nomination of Kathryn Kimball Mizelle to the United States District Court for the Middle District of Florida," September 8, 2020
- ↑Bloomberg Law, "Jones Day Lawyer Not Qualified for U.S. Trial Court: ABA (2)," September 9, 2020
- ↑11.011.1WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominees," August 12, 2020
- ↑The Capitolist, "Trump nominates UF law school alum and former SCOTUS clerk to federal bench," August 12, 2020
- ↑13.013.113.2Senate Judiciary Committee, "Questionnaire for judicial nominees," accessed October 22, 2020
- ↑14.014.1LinkedIn, "Kathryn Kimball Mizelle," accessed August 13, 2020
- ↑OPB, "Florida judge voids US mask mandate for planes, other travel," April 18, 2022
- ↑16.016.1Pace Monitor, "Case 8:21-cv-01693-KKM-AEP Document 53," April 18, 2022
| Political offices | ||
|---|---|---|
| Preceded by - | United States District Court for the Middle District of Florida 2020-Present | Succeeded by - |
| |||
|---|---|---|---|
| 2017 | Thomas Parker •Elizabeth Branch •Neil Gorsuch •Amul Thapar •David C. Nye •John K. Bush •Kevin Newsom •Timothy J. Kelly •Ralph Erickson •Scott Palk •Trevor McFadden •Joan Larsen •Amy Coney Barrett •Allison Eid •Stephanos Bibas •Donald Coggins Jr. •Dabney Friedrich •Greg Katsas •Steven Grasz •Don Willett •James Ho •William L. Campbell Jr. •David Stras •Tilman E. Self III •Karen Gren Scholer •Terry A. Doughty •Claria Horn Boom •John Broomes •Rebecca Grady Jennings •Kyle Duncan •Kurt Engelhardt •Michael B. Brennan •Joel Carson •Robert Wier •Fernando Rodriguez Jr. •Annemarie Carney Axon • | ||
| 2018 | Andrew Oldham •Amy St. Eve •Michael Scudder •John Nalbandian •Mark Bennett •Andrew Oldham •Britt Grant •Colm Connolly •Maryellen Noreika •Jill Otake •Jeffrey Beaverstock •Emily Coody Marks •Holly Lou Teeter •Julius Richardson •Charles B. Goodwin •Barry Ashe •Stan Baker •A. Marvin Quattlebaum Jr. •Terry F. Moorer •Susan Baxter •William Jung •Alan Albright •Dominic Lanza •Eric Tostrud •Charles Williams •Nancy E. Brasel •James Sweeney •Kari A. Dooley •Marilyn J. Horan •Robert Summerhays •Brett Kavanaugh •David Porter •Liles Burke •Michael Juneau •Peter Phipps •Lance Walker •Richard Sullivan •Eli Richardson •Ryan Nelson •Chad F. Kenney, Sr. •Susan Brnovich •William M. Ray, II •Jeremy Kernodle •Thomas Kleeh •J.P. Hanlon •Mark Norris •Jonathan Kobes •Michael Brown •David Counts | ||
| 2019 | Eric Miller •Chad Readler •Eric Murphy •Neomi Rao •Paul Matey •Allison Jones Rushing •Bridget S. Bade •Roy Altman •Patrick Wyrick •Holly Brady •David Morales •Andrew Brasher •J. Campbell Barker •Rodolfo Ruiz •Daniel Domenico •Michael Truncale •Michael Park •Joseph Bianco •Raúl Arias-Marxuach •Daniel Collins •Joshua Wolson •Wendy Vitter •Kenneth Kiyul Lee •Kenneth Bell •Stephen Clark •Howard Nielson •Rodney Smith •Jean-Paul Boulee •Sarah Daggett Morrison •Rossie Alston •Pamela A. Barker •Corey Maze •Greg Guidry •Matthew Kacsmaryk •Allen Winsor •Carl Nichols •James Cain, Jr. •Tom Barber •J. Nicholas Ranjan •Clifton L. Corker •Peter Phipps •Daniel Bress •Damon Leichty •Wendy W. Berger •Peter Welte •Michael Liburdi •William Shaw Stickman •Mark Pittman •Karin J. Immergut •Jason Pulliam •Brantley Starr •Brian Buescher •James Wesley Hendrix •Timothy Reif •Martha Pacold •Sean Jordan •Mary Rowland •John M. Younge •Jeff Brown •Ada Brown •Steven Grimberg •Stephanie A. Gallagher •Steven Seeger •Stephanie Haines •Mary McElroy •David J. Novak •Frank W. Volk •Charles Eskridge •Rachel Kovner •Justin Walker •T. Kent Wetherell •Danielle Hunsaker •Lee Rudofsky •Jennifer Philpott Wilson • William Nardini •Steven Menashi •Robert J. Luck •Eric Komitee •Douglas Cole •John Sinatra •Sarah Pitlyk •Barbara Lagoa •Richard Myers II •Sherri Lydon •Patrick Bumatay •R. Austin Huffaker • Miller Baker •Anuraag Singhal •Karen Marston •Jodi Dishman •Mary Kay Vyskocil •Matthew McFarland •John Gallagher •Bernard Jones •Kea Riggs •Robert J. Colville •Stephanie Dawkins Davis •Gary R. Brown •David Barlow • Lewis Liman | ||
| 2020 | Lawrence VanDyke •Daniel Traynor •John Kness •Joshua Kindred •Philip Halpern •Silvia Carreno-Coll •Scott Rash •John Heil •Anna Manasco •John L. Badalamenti •Drew Tipton •Andrew Brasher •Cory Wilson •Scott Hardy •David Joseph •Matthew Schelp •John Cronan •Justin Walker •Brett H. Ludwig •Christy Wiegand •Thomas Cullen •Diane Gujarati •Stanley Blumenfeld •Mark Scarsi •John Holcomb •Stephen P. McGlynn •Todd Robinson •Hala Jarbou •David Dugan •Iain D. Johnston •Franklin U. Valderrama •John Hinderaker •Roderick Young •Michael Newman •Aileen Cannon •James Knepp •Kathryn Kimball Mizelle • Benjamin Beaton • Kristi Johnson •Toby Crouse •Philip Calabrese •Taylor McNeel •Thomas Kirsch •Stephen Vaden •Katherine Crytzer •Fernando Aenlle-Rocha •Charles Atchley •Joseph Dawson | ||
| 2025 | Whitney Hermandorfer •Joshua Divine •Cristian M. Stevens •Zachary Bluestone •Emil Bove •Edward Artau •Kyle Dudek•Maria Lanahan•Jennifer Mascott•Anne-Leigh Gaylord Moe•Chad Meredith•Harold Mooty•Jordan Pratt•Edmund LaCour•Bill Lewis•Eric Tung•Rebecca Taibleson•Joshua D. Dunlap•Bill Mercer•Susan Rodriguez•Robert Chamberlin•Matthew Orso•David Bragdon•Jimmy Maxwell•Lindsey Freeman•William J. Crain | ||
| 2026 | |||
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court:Middle District of Florida,Northern District of Florida,Southern District of Florida • U.S. Bankruptcy Court:Middle District of Florida,Northern District of Florida,Southern District of Florida
State courts:
Florida Supreme Court•Florida District Courts of Appeal•Florida Circuit Court•Florida County Court
State resources:
Courts in Florida •Florida judicial elections •Judicial selection in Florida
- Pages using DynamicPageList3 parser function
- Appointed by Donald Trump
- Confirmed 2020
- Federal Article III judges
- Federal judge, United States District Court for the Middle District of Florida
- Federal judiciary nominee, September 2020
- Florida
- Federal judiciary nominee, August 2020
- Federal judge, Middle District of Florida
