President Donald Trump has nominated a member of the Tennessee Attorney General’s office to serve on a federal appeals court. It marks Trump’s first appointment since returning to office.
Whitney Hermandorfer has the led the AG’s Strategic Litigation Unit, where she defended the state’s near-total abortion ban and successfully challenged Biden administration policies that would’ve enshrined protections for LGBTQ students.
Her appointment to the Sixth Circuit Court of Appeals comes as the court has proven friendly to appeals brought by the Tennessee AG.
A ruling from the Sixth Circuit allowed a state law banning access to gender-affirming care for transgender minors to go into effect after a federal judge had initially paused enforcement. The U.S. Supreme Court is expected to issue a final ruling on the case this summer.
The Sixth Circuit issued a similar reversal in a lawsuit against the state’s so-called “drag ban.” Unlike the gender-affirming care challenge, the U.S. Supreme Court refused to hear arguments in the case, and so the Sixth Circuit Court ruling has allowed the law to take effect permanently.
More: TN’s ‘drag ban’ is here to stay. Here’s why LGBTQ advocates don’t mind.
Of the six conservative justices currently serving on the U.S. Supreme Court, Hermandorfer has clerked for three: Samuel Alito, Brett Kavanaugh and Amy Coney Barrett.
Last year, then-President Joe Biden nominated Nashville attorney Karla Campbell to fill the same seat on the appeals court, but the U.S. Senate didn’t have time to confirm her before Biden left office. Hermandorfer will undergo a similar vote before the U.S. Senate.
Tennessee and Kentucky’s attorneys general have applauded Hermandorfer’s appointment to the Sixth Circuit, which hears cases from both states, as well as Michigan and Ohio.
Tennessee AG Jonathan Skrmetti called Hermandorfer a “lawyer’s lawyer” and “an absolute rockstar,” while praising her soon-to-be predecessor, Obama-appointee Judge Jane Branstetter Stranch.
“(Stranch) will leave big shoes to fill. Her service on the Sixth Circuit exemplifies the combination of intellect, integrity, and kindness I expect Whitney will herself bring to the Court. Both are proud Tennesseans and proud moms, and both are outstanding role models for young attorneys and aspiring judges,” Skrmetti said in a statement.
Kentucky Attorney General Russell Coleman said that Skrmetti’s loss is Kentucky’s gain.
“As neighbors to the north, our Office has been grateful for Whitney’s partnership as we uphold our laws and the Constitution. Whitney was one of the brilliant advocates behind our lawsuit to protect women’s sports, and her ability to see around legal corners led to key victories all the way to the U.S. Supreme Court,” Coleman said.
A Princeton and George Washington University graduate, Hermandorfer previously worked for the D.C. law firm Williams & Connolly, which currently represents fellow law firm Perkins Coie in its legal challenge against a Trump executive order.
Correction: This story has been updated to accurately reflect why Karla Campbell was not confirmed by the U.S. Senate.
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