North Carolina native and Duke Law grad is on Trump’s new Supreme Court shortlist
Editor’s note: This story was updated Sept. 22 after the death of Ruth Bader Ginsburg.
A Western North Carolina native who attended Wake Forest University and Duke Law School is a potential nominee to the Supreme Court.
Allison Jones Rushing, who Trump nominated to the 4th Circuit Court of Appeals in 2019, is among 20 people on a list of potential nominees that President Donald Trump unveiled Sept. 9. The list included three sitting Republican senators, including 2016 presidential rival Ted Cruz, Tom Cotton of Arkansas and Josh Hawley of Missouri.
Trump said he would choose a woman for the Supreme Court vacancy created by Friday’s death of Justice Ruth Bader Ginsburg. Trump said Monday that he is considering five people for the vacancy and plans to make a pick by the end of the week. According to multiple reports, including by the New York Times, Washington Post and Bloomberg, Rushing is among the candidates though not among the favorites.
A Senate confirmation vote could happen before the Nov. 3 election.
Rushing, who is 38, clerked for Supreme Court Justice Clarence Thomas for the 2010-11 term. She also clerked for current Supreme Court Justice Neil Gorsuch before he was on the high court.
“Thank you @realDonaldTrump for including Allison Jones Rushing in the updated list of potential Supreme Court nominees. Judge Rushing is a western NC native I was proud to recommend to serve on the Fourth Circuit and a strong conservative choice who would uphold the Constitution,” Sen. Thom Tillis tweeted Sept. 9.
Rushing was first nominated for the 4th Circuit in 2018. The Senate did not act on her nomination by the end of the year, leading to her renomination in 2019. The Senate confirmed her along partisan lines.
The 4th Circuit has jurisdiction over North Carolina, South Carolina, Virginia, West Virginia and Maryland.
Her nomination was opposed by many civil rights groups because of her work with the Alliance Defending Freedom, a Christian nonprofit that has done high-profile legal work on behalf of conservative causes, including what it calls “religious freedom” cases. The Southern Poverty Law Center considers ADF an “anti-LGBTQ” organization.
“Hate is wrong, and it should have no place in our society,” Rushing wrote in her response to questions from senators on the committee.
“In my experience with ADF, I have not witnessed anyone expressing or advocating hate. A number of leading Supreme Court practitioners at well-regarded national law firms work with ADF. Members of Congress, including members of this Committee, have filed amicus briefs in the Supreme Court supporting ADF’s positions. I do not think members of this Committee or large reputable law firms would work with a hate group. I certainly would not.”
Rushing, a registered Republican, joined Washington-based Williams & Connolly in 2011, according to The National Review. She did not have the 12 years of experience practicing law that the American Bar Association typically prefers for federal judges below the Supreme Court.
According to her Williams & Connolly biography, Rushing focused on appellate matters, constitutional issues and regulatory challenges.
Rushing was born in Henderson County and her parents worked as public school teachers there. She attended East Henderson High and graduated from Wake Forest with degrees in music and political science. She was executive editor of the Duke Law Journal.
Trump nominated two Supreme Court Justices — Gorsuch and Brett Kavanaugh — since becoming president in 2017. One of the vacancies was held open by the Republican-led Senate from Barack Obama’s presidency. Trump released a list of potential nominees before the 2016 election.
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This story was originally published September 9, 2020 at 5:50 PM.
