Deborah Cook

Deborah L. Cook is a federal judge on senior status on the United States Court of Appeals for the 6th Circuit. She joined the court in 2003 after being nominated by President George W. Bush (R). Cook retired from full-time service, assuming senior status, on March 6, 2019.^[1]

Early life and education

A native of Pittsburgh, Pennsylvania, Cook graduated from the University of Akron with her bachelor's degree in 1974 and from the University of Akron School of Law with her J.D. in 1978.^[1]

Professional career

• 2003-2019: Judge, United States Court of Appeals for the 6th Circuit
  • 2019: Assumed senior status
• 1995-2003: Justice, Ohio Supreme Court
• 1991-1995: Judge, Ohio Ninth District Court of Appeals
• 1978-1991: Private practice, Akron, Ohio^[1]

Judicial career

Sixth Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name: Deborah L. Cook
Court: United States Court of Appeals for the 6th Circuit
Progress
Confirmed 726 days after nomination.
Nominated: May 9, 2001
ABA Rating: Unanimously Qualified
Questionnaire:
Hearing: January 29, 2003
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
Reported: February 27, 2003
Confirmed: May 5, 2003
Vote: 66-25
Returned: August 3, 2001 November 20, 2002

Cook was first nominated to the United States Court of Appeals for the 6th Circuit by President George W. Bush (R) on May 9, 2001, to a seat vacated by Judge Alan Norris. The American Bar Association rated Cook Unanimously Qualified for the nomination.^[2] Under Rule XXXI, paragraph six of the standing rules of the Senate, Cook's nomination was returned to the president on August 3, 2001. President Bush resubmitted Cook's nomination on September 4, 2001. Under Rule XXXI, paragraph six of the standing rules of the Senate, Cook's nomination was returned to the president on November 20, 2002. President Bush resubmitted Cook's nomination on January 7, 2003. Hearings on Cook's nomination were held before the United States Senate Committee on the Judiciary on January 29, 2003, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on February 27, 2003. Cook was confirmed on a recorded 66-25 vote of the U.S. Senate on May 5, 2003, and she received her commission on May 7, 2003. Cook retired from full-time service, assuming senior status, on March 6, 2019.^[1][3][4][5]

Noteworthy cases

League of Independent Fitness Facilities and Trainers, Inc. v. Whitmer (2020)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

League of Independent Fitness Facilities and Trainers, Inc. v. Whitmer: On June 24, 2020, the U.S. Court of Appeals for the Sixth Circuit granted an emergency stay in favor of Michigan Gov. Gretchen Whitmer (D), barring indoor gyms from reopening across Michigan due to continued risks associated with COVID-19. Whitmer had appealed a June 19 preliminary injunction issued by Judge Paul Maloney, of U.S. District Court for the Western District of Michigan, which barred enforcement of Executive Order 2020-110, Section 12(b). The executive order closed "indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios, and the like" in an attempt to mitigate the spread of COVID-19. While Maloney enjoined the executive order, stating that Whitmer had offered "nothing in support of the restriction" nor "any set of facts on which the gym restriction has a rational relation to public health," the Sixth Circuit disagreed, pointing to "rational speculation" by Whitmer "that heavy breathing and sweating in an enclosed space containing many shared surfaces creates conditions likely to spread the virus." The Sixth Circuit found that the "public interest weighs in favor of a stay" of Maloney’s injunction. The three-judge panel, which ruled unanimously, comprised Judges Julia Gibbons and Deborah Cook, both appointed by George W. Bush (R), and Chad Readler, who was appointed by Donald Trump (R). Following the Sixth Circuit’s ruling, Whitmer’s office released a statement commending the decision: "In the fight against a global pandemic, courts must give governors broad latitude to make quick, difficult decisions." Regarding the possibility of an appeal, an attorney for the plaintiffs said they were exploring their options.^[6][7][8][9]

Sixth Circuit finds appointments of agency ALJs invalid (2018)

A three-judge panel of the United States Court of Appeals for the 6th Circuit held on July 31, 2018, that the Federal Mine Safety and Health Review Commission’s (FMSHRC) roster of administrative law judges (ALJs) were invalidly appointed. The panel ruled that the FMSHRC’s commissioners, rather than its chief ALJ, must appoint the agency's ALJs pursuant to the Appointments Clause of the United States Constitution. The panel consisted of judges Jeffrey Sutton, Deborah Cook, and Ralph Guy.^[10][11]

The panel issued the decision in Jones Brothers Inc., Petitioner, v. Secretary of Labor, Mine Safety and Health Administration; Federal Mine Safety and Health Review Commission, a case on appeal from the FMSHRC concerning a fine issued to Jones Brothers by the Mine Safety and Health Administration for certain safety violations. The panel vacated the FMSHRC’s decision and remanded the case to the agency for new proceedings before a validly appointed ALJ.^[10]

The panel opinion cited the United States Supreme Court's decision in Lucia v. SEC, which held that the ALJs of the Securities and Exchange Commission (SEC) are inferior officers of the United States who must be appointed by the SEC commissioners, rather than hired by agency staff, in accordance with the Appointments Clause.^[10]

See also

• United States Court of Appeals for the 6th Circuit

External links

• Judge Cook's biography from the Federal Judicial Center

Footnotes