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Kathryn Kimball Mizelle

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Kathryn Kimball Mizelle
Image of Kathryn Kimball Mizelle

Nonpartisan

United States District Court for the Middle District of Florida
Tenure

2020 - Present

Years in position

4

Education

Bachelor's

Covenant College, 2009

Law

University of Florida College of Law, 2012

Personal
Birthplace
Lakeland, Fla.
Contact

Personal LinkedIn

Kathryn Kimball Mizelle is a judge on the United States District Court for the Middle District of Florida. She was nominated by President Donald Trump (R) on September 8, 2020, and confirmed by a 49-41 vote of the U.S. Senate on November 18, 2020. To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the Middle District of Florida is one of 94 U.S. District Courts. They are the general trial courts of the United 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 Justice Clarence Thomas on the Supreme Court of the United States.

Judicial nominations and appointments

United States District Court for the Middle District of Florida (2020-present)

See also: Federal judges nominated by Donald Trump

On September 8, 2020, President Donald Trump (R) nominated Mizelle to a seat on the United States District Court for the Middle District of Florida. She was confirmed by a 49-41 vote of the U.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.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Kathryn Kimball Mizelle
Court: United States District Court for the Middle District of Florida
Progress
Confirmed 71 days after nomination.
ApprovedANominated: September 8, 2020
ApprovedAABA Rating: Substantial majority not qualified/Minority qualified
Questionnaire: Questionnaire
ApprovedAHearing: September 9, 2020
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: October 22, 2020 
ApprovedAConfirmed: November 18, 2020
ApprovedAVote: 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
Electiondot.png Democratic 0 40 5
Ends.png Republican 49 0 4
Grey.png Independent 0 1 1
Total 49 41 10
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Mizelle was confirmed to a U.S. District Court under a new precedent the Senate established.

On April 3, 2019, the U.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 to district court judgeships from 30 hours after invoking cloture to two.[3]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[4]

It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[5] For more, see Filibuster and reconciliation in the United States Congress.


Senate Judiciary Committee hearing

Mizelle had her hearing before the Senate 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

See also: ABA ratings during the Trump administration'

The American Bar Association rated Mizelle not qualified by a substantial majority and qualified 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.) and Dianne 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 the Senate 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, President Donald Trump (R) announced his intent to nominate Mizelle to a seat on the United 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 Judge Virginia Covington, who assumed senior status on July 12, 2020.

Mizelle received support from U.S. Senators Marco Rubio (R) and Rick 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 a J.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 the Florida Law Review.[11][14]

Professional career

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)

See also: Federal government responses to the coronavirus (COVID-19) pandemic, 2020-2022

On April 18, 2022, U.S. District Judge Kathryn 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 the Administrative 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

Middle District of Florida
Eleventh Circuit
Florida-middle.jpg
Judgeships
Posts: 15
Judges: 12
Vacancies: 3
Judges
Chief: Marcia Howard
Active judges:
John L. Badalamenti, Tom Barber, Wendy W. Berger, Paul G. Byron, Sheri Polster Chappell, Marcia Howard, William Jung, Carlos E. Mendoza, Steven Merryday, Kathryn Kimball Mizelle, Mary Scriven, Julie Sneed

Senior judges:
Henry Adams, John Antoon, Susan Bucklew, Anne Conway, Timothy Corrigan, Virginia Covington, Roy Bale Dalton Jr., Brian Davis, Patricia Fawsett, Charlene Honeywell, Elizabeth Kovachevich, Richard Lazzara, James S. Moody, Gregory Presnell, Harvey Schlesinger, John Steele, James Whittemore


The United States District Court for the Middle District of Florida is one of 94 United States district courts. The district has courthouses in Fort Myers, Jacksonville, Ocala, Orlando, and Tampa. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Eleventh Circuit based in downtown Atlanta at the Elbert P. Tuttle Federal Courthouse.

The Counties of the Middle District of Florida (click for larger map)

The Middle District of Florida has original 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:

The Fort Myers Division, covering Charlotte, Collier, DeSoto, Glades, Hendry, and Lee counties.

The Jacksonville Division, covering Baker, Bradford, Clay, Columbia, Duval, Flagler, Hamilton, Nassau, Putnam, St. Johns, Suwannee, and Union counties.

The Ocala Division, covering Citrus, Lake, Marion, and Sumter counties.

The Orlando Division, covering Brevard, Orange, Osceola, Seminole, and Volusia counties.

The Tampa Division, covering Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota 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 the Senate 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 a blue 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

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 Congress.gov, "PN2208 — Kathryn Kimball Mizelle — The Judiciary," accessed September 9, 2020
  2. ↑ Federal Judicial Center, "Mizelle, Kathryn Kimball," accessed November 23, 2020
  3. ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  4. ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  5. ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  6. ↑ Senate Judiciary Committee, "Nominations," September 9, 2020
  7. ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," October 22, 2020
  8. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed September 9, 2020
  9. ↑ 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
  10. ↑ Bloomberg Law, "Jones Day Lawyer Not Qualified for U.S. Trial Court: ABA (2)," September 9, 2020
  11. ↑ 11.0 11.1 WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominees," August 12, 2020
  12. ↑ The Capitolist, "Trump nominates UF law school alum and former SCOTUS clerk to federal bench," August 12, 2020
  13. ↑ 13.0 13.1 13.2 Senate Judiciary Committee, "Questionnaire for judicial nominees," accessed October 22, 2020
  14. ↑ OPB, "Florida judge voids US mask mandate for planes, other travel," April 18, 2022
  15. ↑ 16.0 16.1 Pace 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
-


Florida courts

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

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