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J. Michelle Childs

From Wikipedia, the free encyclopedia
American judge (born 1966)

Michelle Childs
Judge of theUnited States Court of Appeals for the District of Columbia Circuit
Assumed office
July 25, 2022
Appointed byJoe Biden
Preceded byDavid S. Tatel
Judge of theUnited 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 theSouth Carolina Circuit Court
for the 5th circuit
In office
2006–2010
Preceded byReggie Lloyd
Succeeded byStephanie McDonald
Personal details
BornJulianna Michelle Childs
1966 (age 58–59)
SpouseFloyd Angus
Children1
EducationUniversity of South Florida (BA)
University of South Carolina (MA,JD)
Duke University (LLM)

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

Childs was under consideration by PresidentJoe Biden to fill retiring JusticeStephen Breyer's seat on theSupreme Court of the United States, but Biden instead nominatedKetanji Brown Jackson for Breyer's seat in February 2022.

Early life and education

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Childs was born in 1966 inDetroit, Michigan.[1][2] Her parents divorced when she was young. Her father, Ralph "Pete" Childs, was a championping pong player who won the U.S. Junior Championship in 1964 at age 16; he joined theDetroit Police Department as an officer in 1970.[3] Her mother, Shandra (née Green),[4] a personnel manager for MichiganBell Telephone, decided to move toColumbia, 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 attendedColumbia High School, where she graduated in 1984 asclass president andvaledictorian.[1][6] She also took part in youthbeauty pageants and won the Miss Black Florida pageant in 1986.[3]

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

Early career

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In 1991, Childs was hired as alaw clerk atNexsen Pruet, a firm that represents employers inlabor law litigation.[1] She was a fullassociate at the firm from 1992 to 1999, and became the first Black womanpartner 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 inemployment andlabor 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 theSouth Carolina Department of Labor during the administration ofSouth Carolina GovernorJim Hodges.[13] From 2002 until 2006, she served as a commissioner on the South CarolinaWorkers' Compensation Commission.[8]

Judicial career

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State court

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In 2006, she was elected by theSouth Carolina General Assembly to becomeRichland CountyCircuit Court Judge based inColumbia.[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 magazineThe 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, PresidentBarack Obama nominated Childs to serve on theUnited States District Court for the District of South Carolina, to fill the seat vacated by JudgeG. Ross Anderson, who assumedsenior 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 theUnited 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 theAmerican Law Institute in 2011[18] and served as an adviser on theRestatement 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 theAmerican Bar Association.[21] In February 2021, Childs was promoted as a potentialSupreme Court nominee underthe Biden administration by U.S. RepresentativeJim 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 apreliminary injunction that blocked South Carolina'sabsentee ballot witness requirement.[26] AUnited States Court of Appeals for the Fourth Circuit panel initially blocked the injunction granted by Childs, but the full appeals court reinstated it during anen banc session. Ultimately, the injunction was struck down by theU.S. Supreme Court.[27]

Childs has made two decisions related to nuclear reactor facilities in South Carolina. First, in August 2018, Childs refused toenjoin a state law that forced a state utility to cut its customers' rates after thefailed construction of two new nuclear reactors inFairfield County.[28] Second, in December 2021, Childs refused to block avaccine 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 fromThe 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 theU.S. Supreme Court, to fill the seat would be vacated after JusticeStephen Breyer's retirement.[31][32] Two days later, one of her home-state U.S. Senators from South Carolina, RepublicanLindsey 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 toJim 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 choseD.C. Circuit JudgeKetanji Brown Jackson to fill Breyer's seat.[36]

Court of appeals service

[edit]

In January 2021, U.S. Representative Jim Clyburn sent a letter to President Biden'stransition team encouraging Biden to nominate Childs to theUnited 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 JudgeDavid S. Tatel, who announced his intent to assumesenior 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 WhipDick Durbin filedcloture 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

[edit]

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

See also

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References

[edit]
  1. ^abcdefGreen, 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. RetrievedFebruary 10, 2022.
  2. ^Alder, Madison (January 28, 2022)."State Court Experience Would Make Childs a High Court Rarity".Bloomberg News. RetrievedJanuary 30, 2022.
  3. ^abcdKranish, Michael (February 12, 2022)."Michelle Childs, a potential Supreme Court pick, recalls being 'devastated' at father's gunshot death".The Washington Post. RetrievedFebruary 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. RetrievedJanuary 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. ^abcdeBroady, Gavin (August 9, 2014)."The Ardent Ambassador: Judge J. Michelle Childs - Law360".www.law360.com. RetrievedFebruary 21, 2021.
  9. ^"Class Notes 1980s"(PDF).USF University of South Florida Magazine: 64. Winter 2020. RetrievedJanuary 31, 2022.
  10. ^abcPresident Obama Nominates Judge J. Michelle Childs, Richard Mark Gergel to District Court Bench for the District of South CarolinaArchived February 16, 2017, at theWayback Machine,whitehouse.gov (December 22, 2009).
  11. ^abcdJ. Michelle Childs at theBiographical Directory of Federal Judges, a publication of theFederal 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. RetrievedJanuary 31, 2022.
  13. ^Riddle, Lyn (October 14, 2010)."Marriage case judge Childs known as hard worker".The Greenville News. RetrievedFebruary 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. RetrievedFebruary 22, 2022.
  15. ^"PN1320 — J. Michelle Childs — The Judiciary".Congress.gov. RetrievedJuly 7, 2023.
  16. ^"PN1320 — J. Michelle Childs — The Judiciary".Congress.gov. Washington, DC: U.S. Senate. August 5, 2010. RetrievedFebruary 22, 2021.
  17. ^"The Sedona Conference®". The Sedona Conference. RetrievedMarch 1, 2022.
  18. ^"The American Law Institute Elects 52 New Members".American Law Institute. October 1, 2011. RetrievedMarch 1, 2022.
  19. ^"Restatement Third, Employment Law – List of Project Participants". Archived fromthe original on December 5, 2014. RetrievedAugust 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. RetrievedFebruary 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. RetrievedFebruary 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. RetrievedJanuary 18, 2022.
  24. ^Monk, John (June 27, 2015)."Supreme Court: Same-sex couples have a right to marry in any state".The State. RetrievedJanuary 18, 2022.
  25. ^"First gay marriage licenses issued in South Carolina".Tampa Bay Times.Associated Press. November 19, 2014. RetrievedJanuary 18, 2022.
  26. ^Monk, John (May 26, 2020)."Federal judge cites COVID-19 in nixing SC witness requirement for absentee ballots".The State. RetrievedJanuary 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. RetrievedFebruary 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. RetrievedJanuary 18, 2022.
  29. ^Demarest, Colin (December 6, 2021)."Federal judge refuses to block vaccine mandate at Savannah River Site".Post and Courier. RetrievedJanuary 18, 2022.
  30. ^Sammon, Alexander (February 2, 2022)."Michelle Childs's Punitive Criminal Justice Rulings Were Repeatedly Overturned".The American Prospect. RetrievedFebruary 24, 2022.
  31. ^Raymond, Nate (January 28, 2022)."Judge Childs being considered for Supreme Court nomination".Reuters. RetrievedMarch 1, 2022.
  32. ^Gresko, Jessica; Long, Colleen (January 27, 2022)."Who's who among some possible top Supreme Court contenders".AP News. RetrievedJanuary 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. RetrievedJanuary 31, 2022.
  34. ^Swanson, Ian (February 1, 2022)."Clyburn's favorite for high court faces scrutiny over corporate work".TheHill. RetrievedFebruary 22, 2022.
  35. ^"Labor issues complicate Judge J. Michelle Childs' Supreme Court candidacy".ABC News. RetrievedFebruary 22, 2022.
  36. ^Rogers, Katie (February 25, 2022)."Biden Picks Ketanji Brown Jackson for Supreme Court".The New York Times.ISSN 0362-4331. RetrievedFebruary 26, 2022.
  37. ^abAlder, 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. RetrievedDecember 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 thepublic 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. RetrievedMay 26, 2022.
  42. ^"PN1671 — Julianna Michelle Childs — The Judiciary".Congress.gov. RetrievedJuly 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. RetrievedJuly 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. RetrievedJuly 19, 2022.
  45. ^"Profile of a potential nominee: J. Michelle Childs".SCOTUSblog. February 3, 2022. RetrievedFebruary 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. RetrievedFebruary 16, 2022.Judge J. Michelle Childs of South Carolina, is a Black Catholic.

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