by Jorge Gomez • 4 minutes
President Trump recently announced the first judicial nominee of his second term. Legal experts are praising the nomination of Whitney Hermandorfer for a seat on the U.S. Court fo Appeal for the Sixth Circuit.
“Whitney Hermandorfer has a solid record on religious liberty and an especially good record fighting against government overreach,” said Hiram Sasser, Executive General Counsel at First Liberty. “We did a deep dive into her record and believe the data trend demonstrates that she will continue to be a supporter of religious liberty and limited government.”
While in private practice, Hermandorfer filed a friend-of-the-court brief on behalf of several religious organizations. The case involved a dispute between a Catholic church in Chicago and a music director who entered into a same-sex marriage in violation of his employment agreement.
In that brief, Hermandorfer argued that religious organizations and churches must be free to select and supervise their ministers and to communicate the teachings of their faith free from government interference. A federal appeals court ruled in favor of the church and held that religious organizations have the freedom to choose and supervise their leaders.
“She is a brilliant legal mind and committed constitutionalist who has litigated critical First Amendment issues,” said Mike Davis, founder of the Article III Project. According to Davis, the President is looking to “install a new generation of judicial titans who will change the landscape for generations to come in line with our Founders’ intent.”
Hermandorfer currently serves in the Office of the Tennessee Attorney General as Director of the Strategic Litigation Unit. In that role, she focuses on leading constitutional, statutory and administrative-law challenges to federal agency action, as well as representing the state in complex matters at the trial and appellate level.
“President Trump has selected a lawyer’s lawyer for this important role,” said Tennessee Attorney General Jonathan Skrmetti. “Hermandorfer’s unwavering commitment to the rule of law, her exacting analytical rigor and her unshakeable optimism will serve our country well.”
“She has proven in case after case that she is one of the very best litigators in America,” Skrmetti added. “She is also perhaps the single most credentialed lawyer in America, having clerked for a full third of the justices on the Supreme Court of the United States in addition to one of the country’s most revered district court judges.”
Hermandorfer previously worked at Williams & Connolly LLP in Washington, DC, where she focused on appellate and administrative-law litigation. She clerked for Justices Samuel Alito and Amy Coney Barrett. Prior to that, Hermandorfer clerked for then-Judge Brett Kavanaugh on the D.C. Circuit, and Judge Richard Leon on the U.S. District Court for the District of Columbia.
Hermandorfer is a graduate of Princeton University and George Washington University Law School.
Sen. Marsha Blackburn of Tennessee—who sits on the Senate Judiciary Committee—also voiced support, saying, “The President could not have selected a better individual.” Sen. Bill Hagerty also applauded the nomination, describing Hermandorfer as “principled, genuine, kind, and a brilliant legal mind.” Both senators pledged to help advance the confirmation quickly through the Senate.
“If this is a sign of what is to come, it should put to rest the hand-wringing on the right…that he [President Trump] will be picking cronies and cranks,” noted Michael Fragoso, a fellow at the Ethics & Public Policy Center and a partner at Torridon Law. During the previous Trump administration, Fragoso served as chief counsel for nominations on the Senate Judiciary Committee and deputy assistant attorney general in the Office of Legal Policy.
“Hermandorfer has made a name for herself in recent years by being the tip of the spear for the excellent Tennessee Attorney General’s office in consequential litigation involving contentious social issues,” Fragoso added. “Hermandorfer is consistent with my suggestion earlier in the year that Trump will continue to seek high quality nominees who are prepared for the legal fights of the future, and not those of the past.”
Hermandorfer argued against the Biden administration’s Title IX rewrite that expanded gender identity recognition in education and threatened federal funds for barring students from participating in opposing-sex teams, The Washington Examiner reports.
“Title IX does not require that girls shower and undress with boys, compete against boys with physical advantages, and room with boys on overnight school trips,” Hermandorfer said during oral arguments last year in lawsuit against Biden’s Title IX regulations.
Hermandorfer has been named a rising star in appellate law. At just 37 years old, it is likely that she will be on the federal bench for the next 30 or 40 years, if confirmed by the Senate.
Religious Americans confront increasing attacks on their rights. Now, more than ever, our federal courts need judges who are committed to protecting the Constitution, religious liberty and the rule of law. First Liberty will continue evaluating the record of judicial nominees and providing the facts with the administration on which ones are best qualified to protect your religious freedom.
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