Neomi Rao: ‘Uniquely Qualified For The D.C. Circuit’

Neomi Rao Is ‘A Prolific Scholar’ And Well-Known ‘Expert On Administrative Law’ Whose Former Colleagues Say She Would ‘Serve On The Federal Bench With The Very Highest Distinction’

The American Bar Association Rates Rao As ‘Well Qualified’
“The American Bar Association’s Standing Committee on the Federal Judiciary has completed its evaluation of the professional qualifications of Neomi J. Rao, whom the President has nominated to the United States Court of Appeals for the District of Columbia Circuit…. A majority of the Standing Committee is of the opinion that Ms. Rao is ‘Well Qualified’ … The majority rating represents the Committee’s official rating.” (Paul T. Moxley, American Bar Association, Standing Committee on the Federal Judiciary, Email to Sens. Graham and Feinstein, 2/04/2018)

SENS. CHUCK SCHUMER (D-NY) & PAT LEAHY (D-VT): The ABA’s evaluation is “the gold standard by which judicial candidates are judged.” (The Washington Post, 3/18/2001)

SCHUMER: “The Bar Association is the gold standard…” (NBC’s “Meet The Press, 1/08/2006)

• SCHUMER: “…we have heard a lot about the ABA rating, which is something that is prized and important.” (U.S. Senate Judiciary Committee Hearing, Pg.652, 1/9-13/2006)

Rao Is ‘An Expert On Administrative Law,’ Which ‘Makes Her Uniquely Qualified For The D.C. Circuit’
“Over the past decade, Ms. Rao established herself as a legal scholar on the law school faculty at George Mason … She has also taught courses on constitutional law, as well as legislation and statutory interpretation, while recently pairing with Justice Thomas to teach a class that was listed in the school’s course schedule as History and Foundation of the Administrative State.” (“Neomi Rao, the Scholar Who Will Help Lead Trump’s Regulatory Overhaul,” The New York Times, 7/09/2017)

• “She is the founder of the Center for the Study of the Administrative State at George Mason … Ms. Rao started the center two years ago at a time of growing scholarly intrigue about the regulatory process and the authority of federal agencies to set and enforce rules, a section of the law that rose to prominence during the New Deal era.” (“Neomi Rao, the Scholar Who Will Help Lead Trump’s Regulatory Overhaul,” The New York Times, 7/09/2017)

THE WALL STREET JOURNAL: “She’s certainly qualified for a judgeship. Ms. Rao clerked for Justice Clarence Thomas, taught for a decade at George Mason University’s law school, and worked in George W. Bush’s White House counsel’s office. She’s an expert on administrative law, which is valuable for a court that hears many challenges to federal regulation.” (Editorial, “Neomi Rao Gets Kavanaughed,” The Wall Street Journal, 1/28/2019)

24 OF RAO’S FELLOW FORMER SUPREME COURT CLERKS: “Neomi gained experience that makes her uniquely qualified for the D.C. Circuit. Many of the cases the Court decided during our year implicated important questions of administrative law, and it has been no surprise to any of us that Neomi has become a leading scholar in this field. After she joined the faculty at what is now the Antonin Scalia Law School, Neomi founded and directed its Center for the Study of the Administrative State, which has brought together scholars, judges, and practicing attorneys to examine important administrative-law issues. Neomi has been a prolific scholar in this area, publishing more than a dozen articles. Since 2017, Neomi has served as Administrator of the Office of Information and Regulatory Affairs, which plays a critical role in the federal rulemaking process.” (24 Former Supreme Court Clerks, Letter to Sens. Graham and Feinstein, 1/17/2019)

“[T]he D.C. Circuit hears proportionately more cases involving administrative law than do the other circuit courts …. More than 30% of filings in the D.C. Circuit are administrative appeals, compared to 16% nationwide…. In total, those administrative and civil suits involving the federal government comprise nearly 50% of the D.C. Circuit's docket, compared to the nationwide average of 20%.” (Eric M. Fraser, David K. Kessler, Matthew J.B. Lawrence and Stephen A. Calhoun, “The Jurisdiction Of The D.C. Circuit,” Cornell Journal of Law and Public Policy, Fall 2013)

• “Notably, the Congress has expressly given the D.C. Circuit jurisdiction over many types of administrative issues. In particular, the D.C. Circuit tends to have exclusive jurisdiction over review of rules promulgated by federal administrative agencies and, specifically, independent agencies.” (Eric M. Fraser, David K. Kessler, Matthew J.B. Lawrence and Stephen A. Calhoun, “The Jurisdiction Of The D.C. Circuit,” Cornell Journal of Law and Public Policy, Fall 2013)

Rao’s Fellow Former Supreme Court Clerks: ‘We Are Confident She Will Serve Our Country Well On The D.C. Circuit’
24 OF RAO’S FELLOW FORMER SUPREME COURT CLERKS: “We worked as law clerks for various Justices of the Supreme Court of the United States during the year Neomi Rao served as a clerk for Justice Clarence Thomas, and we all support her nomination to serve on the United States Court of Appeals for the District of Columbia Circuit. We have diverse political and ideological viewpoints, and we have had a wide array of professional experiences. Many of us have worked in government, at both the federal and state levels, some for Democrats and some for Republicans. Many of us also have worked in the private sector. Several of us are law professors. While our professional and personal paths have thus diverged, one of the things we always have shared is admiration for Neomi. We are confident she will serve our country well on the D.C. Circuit.” (24 Former Supreme Court Clerks, Letter to Sens. Graham and Feinstein, 1/17/2019)

• Letter signed by former clerks for Chief Justice Rehnquist and Justices Stevens, O’Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer. (24 Former Supreme Court Clerks, Letter to Sens. Graham and Feinstein, 1/17/2019)

Rao’s Former Classmates Say She Is ‘Deeply Principled, But Not Partisan,’ ‘Interested In Institutions,’ And ‘Has The Intellect, Integrity, And Temperament To Serve On The Federal Bench With The Very Highest Distinction’
“Anthony Johnstone, a University of Montana law professor who was Rao’s college and law school classmate, said her sharpest defense of executive power came in articles she wrote during the Obama administration. Her views are ‘deeply principled, but not partisan,’ Johnstone said. ‘She’s interested in institutions, not who holds those positions.’” (“Two Years In, Trump’s Appeals Court Confirmations At A Historic High Point,” The Washington Post, 2/04/2019)

50 OF RAO’S UNIVERISTY OF CHICAGO LAW SCHOOL CLASSMATES: “We are progressives, independents, and conservatives. We work in nonprofits, government, the private sector, and academia. We represent a very wide range of legal philosophies and political views. But we are united in our enthusiastic support for the nomination of our law school classmate, Neomi Rao, to the United States Court of Appeals for the District of Columbia Circuit.”
(50 Former University of Chicago Law School Students, Letter to Sens. Grassley, Feinstein, and Graham, 12/18/2018)

• “Ms. Rao’s remarkable career accomplishments come as no surprise to any of us. She is not only an immensely talented lawyer with the keenest of intellects. She has also earned our admiration for her open-mindedness, her thoughtfulness, her empathy, and her intellectual curiosity—all qualities conspicuously reflected not just in the care with which she examines all sides of a legal question, but in the warmth, respect, and interest she showed each of her classmates…. Simply put, Ms. Rao is not just well qualified to be a Judge on the United States Court of Appeals for the District of Columbia Circuit. She has the intellect, integrity, and temperament to serve on the federal bench with the very highest distinction.” (50 Former University of Chicago Law School Students, Letter to Sens. Grassley, Feinstein, and Graham, 12/18/2018)

50 OF RAO’S YALE CLASSMATES: “We write to you as Yale College classmates and contemporaries of Neomi Rao to strongly and enthusiastically support her nomination to the United States Court of Appeals for the District of Columbia Circuit. As a group we come from a wide range of political backgrounds—from liberal Democrats to conservative Republicans and most things in between. But we all agree on the wisdom of the President’s choice in nominating Neomi …” (50 Yale Graduates, Letter to Sens. Grassley, Graham, and Feinstein, 12/28/2018)

• “Our intention here is to comment on Neomi as a person, particularly during her formative years in college. Neomi is someone of high integrity, intelligence, perseverance and logic. Each one of us can look back on time we spent with Neomi discussing, debating, agreeing and not agreeing on topics and issues of the day. In these many discussions that were almost entirely conducted in casual ‘off-camera’ environments, Neomi consistently exhibited a degree of intellectual honesty, fairness and thoughtfulness that we all hope to see in members of the Judiciary…. Neomi also possesses tremendous integrity and a strong moral compass. Neomi knows the difference between right and wrong not because she was taught it but rather because it is ingrained in her being. She knows that the ends do not justify the means and believes that the integrity of the rule of law in the long run is more important than the political or economic whims of the moment.” (50 Yale Graduates, Letter to Sens. Grassley, Graham, and Feinstein, 12/28/2018)

Rao’s Former Students Praise ‘Her Neutrality,’ Her ‘Intelligence, Honesty, And Decency,’ And Say ‘She Would Be An Impartial Judge’
51 OF RAO’S FORMER LAW SCHOOL STUDENTS: “We are former students of Professor Neomi Rao at George Mason University’s Antonin Scalia Law School. We write to express our unqualified support for the United States Senate to confirm Professor Rao to the United States Court of Appeals for the District of Columbia Circuit…. Our views span the political spectrum; we have differing positions on the role and work of the federal judiciary; and we have gone on to work in law firms, government, public interest organizations, and judges’ chambers. Yet despite our differences, we all agree that Professor Rao would make an outstanding addition to the bench. We have no doubt that, if confirmed, she would be a brilliant and fair arbiter of the cases that came before her.” (51 Former George Mason University Law School Students, Letter to Sens. Graham and Feinstein, 1/08/2019)

• “In teaching constitutional law and statutory interpretation, Professor Rao fostered a classroom where every student’s perspective on the law was heard, respected, and tested through vigorous debate. Her neutrality generated lively discussion from all viewpoints. And though she certainly demanded much of her students, we are better lawyers for it. Many of us consider her classes to be the foundation of our appreciation and respect for the law…. We believe that Professor Rao would bring to the bench the same intelligence, honesty, and decency she showed as our teacher. She would be an impartial judge whose clear writing, tireless work ethic, and deep knowledge of the law would be a tremendous asset to the judiciary.” (51 Former George Mason University Law School Students, Letter to Sens. Graham and Feinstein, 1/08/2019)

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