Elizabeth Branch

Elizabeth L. Branch is a judge on the United States Court of Appeals for the 11th Circuit. She was nominated to the court by President Donald Trump (R) on September 7, 2017, and confirmed by the U.S. Senate on a recorded vote of 73-23 on February 27, 2018.^[1][2] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 11th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the court, click here.

Before becoming a federal judge, Branch was a judge on the Georgia Court of Appeals from 2012 to 2018.

Judicial nominations, appointments, and elections

U.S. Court of Appeals for the 11th Circuit (2018-present)

See also: Federal judges nominated by Donald Trump

Branch was nominated by President Donald Trump (R) on September 7, 2017, to a seat on the United States Court of Appeals for the 11th Circuit. The [U.S. Senate]] confirmed Branch on a recorded vote of 73-23 on February 27, 2018.^[1][2] She received commission on March 19, 2018.^[3]

Nomination Tracker
Nominee Information
Name: Elizabeth L. Branch
Court: United States Court of Appeals for the 11th Circuit
Progress
Confirmed 173 days after nomination.
Nominated: September 7, 2017
ABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
Hearing: December 13, 2017
QFRs: QFRs (Hover over QFRs to read more)
Reported: January 18, 2018
Confirmed: February 27, 2018
Vote: 73-23

Confirmation vote

The U.S. Senate confirmed Branch on February 27, 2018, on a vote of 73-23.^[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Branch confirmation vote (February 27, 2018)
Party	Yea	Nay	No vote
Democratic	24	22	1
Republican	48	0	3
Independent	1	1	0
Total	73	23	4

Senate Judiciary Committee hearing

The Senate Judiciary Committee held a hearing on Branch's nomination on December 13, 2017.^[4] The committee voted to advance her nomination to the full Senate on January 18, 2018.^[1]

Nomination

President Donald Trump (R) nominated Branch to the United States Court of Appeals for the 11th Circuit on September 7, 2017. The nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2018.^[4] The president renominated Branch on January 8, 2018.^[1]

Branch was nominated to succeed Judge Frank Hull, who assumed senior status on December 31, 2017.

The American Bar Association unanimously rated Branch well qualified for the nomination.^[5] To read more about ABA ratings, click here.

Georgia Court of Appeals (2012-2018)

See also: Judges appointed by Nathan Deal

Branch was appointed to the Georgia Court of Appeals in July 2012 by Governor Nathan Deal (R). She assumed office on September 4, 2012. Branch won election to the court in 2014. She left the position after her confirmation as a federal judge. Her term would have expired on December 31, 2020.^[6][7]

2014 election

See also: Georgia judicial elections, 2014

Branch ran for re-election to the Georgia Court of Appeals. She won without opposition in the general election on May 20, 2014.^[8][9]

Education

Branch received her B.A. from Davidson College in 1990 and her J.D. from Emory University School of Law in 1994.^[7]

Professional career

• 2018 - Present: Judge, United States Court of Appeals for the 11th Circuit
• 2012-2018: Judge, Georgia Court of Appeals
• 2008-2012: Private practice, Atlanta, Ga.
• 2004-2008: Associate general counsel for rules and legislation, U.S. Department of Homeland Security
• 1996-2004: Private practice, Atlanta, Ga.
• 1994-1996: Law clerk, Hon. Owen Forrester, United States District Court for the Northern District of Georgia^[6][7]

Awards and associations

Awards

• 2012 Georgia Super Lawyer

Associations

• Past vice chair, American Bar Association's Section of Administrative Law and Regulatory Practice: Homeland Security and National Defense Committee
• Executive Board, Federalist Society Atlanta Lawyers Chapter
• 2013 appointee, Georgia Commission on Child Support
• Member, State Bar of Georgia's Appellate Practice Section
• Master, Lamar American Inn of Court
• Master, Bleckley American Inn of Court^[6][7]

Noteworthy cases

Black Voters Matter Fund v. Raffensperger (2021)

On August 27, 2021, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit unanimously affirmed a lower court's decision finding that a Georgia law requiring voters to pay the price of postage for returning absentee/mail-in ballots does not constitute an illegal poll tax. The plaintiffs had argued that requiring absentee/mail-in voters to pay the price of postage amounted to levying a poll tax, violating the Fourteenth and Twenty-Fourth Amendments to the United States Constitution. The defendants (state and local election officials) moved to dismiss. A U.S. District Court granted the motion to dismiss, citing "[t]he fact that any registered voter may vote in Georgia on election day without purchasing a stamp, and without undertaking any 'extra steps' besides showing up at the voting precinct and complying with generally applicable election regulations." The plaintiffs then appealed to the Eleventh Circuit.^[10]

The Eleventh Circuit panel—comprising Judges Elizabeth Branch (a Donald Trump (R) appointee), Britt Grant (another Trump appointee), and Edward Carnes (a George H.W. Bush (R) appointee)—unanimously affirmed the lower court's ruling. Branch, writing for the court, said, "While voting often involves incidental costs like transportation, parking, child care, taking time off work, and—for those who choose to vote absentee by mail—the cost of a postage stamp, those incidental costs do not mean that Georgia has imposed an unconstitutional poll tax or fee on its voters."^[10]

In response to the ruling, Sean Young, legal director for the Georgia affiliate of the American Civil Liberties Union (which was involved in the suit on behalf of the plaintiffs), said, "We are disappointed in the outcome. The ACLU of Georgia will continue to protect the sacred fundamental right to vote." Regarding the possibility of an appeal to the Supreme Court of the United States, Young said, "All legal options remain on the table."^[11]

Noteworthy events

Federal judges sign letter regarding hiring Columbia University students (2024)

On May 6, 2024, Branch and 12 other federal judges signed a letter to Columbia University saying they would not hire undergraduates or law students from the university, beginning with the entering class of 2024.^[12]

In the letter, the judges said, "As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education."^[13]

They signed the letter in the context of student demonstrations at Columbia University over the Israel-Hamas War. The students who participated in the demonstrations demanded that the university divest all of its finances from "companies and institutions that profit from Israeli apartheid, genocide and occupation in Palestine."^[14]

The judges said they believed the university should institute consequences for faculty and students who participated in the demonstrations. They also called on the university to practice "neutrality and nondiscrimination in the protection of freedom of speech" and "viewpoint diversity on the faculty and across the administration."^[13]

The Washington Post reported that Dean of Columbia Law School Gillian Lester said in a statement that graduates are "consistently sought out by leading employers in the private and public sectors, including the judiciary." Lester did not directly address the letter.^[12]

About the court

11th Circuit Court of Appeals

Eleventh Circuit
Court of Appeals
Judgeships
Posts: 12
Judges: 12
Vacancies: 0
Judges
Chief: William Pryor
Active judges: Nancy Gbana Abudu, Elizabeth L. Branch, Andrew Brasher, Britt Grant, Adalberto Jordan, Embry Kidd, Barbara Lagoa, Robert J. Luck, Kevin C. Newsom, Jill Pryor, William Pryor, Robin Rosenbaum Senior judges: Robert Lanier Anderson, Susan Black, Edward Carnes, Julie Carnes, Joel Dubina, James L. Edmondson, Frank Hull, Stanley Marcus, Gerald Tjoflat, Charles Wilson

The United States Court of Appeals for the Eleventh Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Appeals are heard in the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta. The Eleventh Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Eleventh Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Clarence Thomas is the circuit justice for the Eleventh Circuit.

The United States Court of Appeals for the 11th Circuit has appellate jurisdiction over the district courts in the following districts:

To read opinions published by this court, click here.

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

• United States Court of Appeals for the 11th Circuit
• Georgia Court of Appeals
• Courts in Georgia

External links

• Search Google News for this topic
• Biography from the Federal Judicial Center
• United States Court of Appeals for the 11th Circuit
• Georgia Court of Appeals

Footnotes