Born in Lakeland, Florida, in 1987, Mizelle graduated in 2012 with a regulation diploma from College of Florida Levin School of Regulation, after incomes her undergraduate diploma at Covenant School, a Christian liberal arts school in Georgia.
Earlier than changing into a decide, she was an affiliate with the regulation agency Jones Day in Washington, DC, and an adjunct regulation professor at her alma mater. Mizelle held 4 federal clerkships all through her profession, together with one with US Supreme Court docket Justice Clarence Thomas from 2018 to 2019.
From 2017 to 2018, she was counsel to one of many third-ranking officers on the Justice Division, then-Affiliate Legal professional Common Rachel Model, the place she oversaw the Tax Division and led the administration’s efforts to advertise free speech on school campuses.
A member of the Federalist Society, Mizelle, then 33, was nominated by Trump in early September 2020, in a affirmation with none assist by Senate Democrats, who have been within the minority on the time.
Throughout her Senate listening to that month, Mizelle was pressed by Democrats about her lack of expertise and different points akin to an amicus temporary she had filed whereas in personal observe, on the behalf of shoppers in supporting the Division of Labor’s determination to not difficulty necessary security guidelines to guard staff from contracting Covid-19.
Mizelle was additionally requested about John Eastman — who later pressed for tactics to overturn the presidential election — who on the time was pushing a racist conspiracy concept that Vice President Kamala Harris may not be eligible for the function as a result of her mother and father have been immigrants. Mizelle stated she didn’t endorse the views expressed by Eastman, who labored for the Claremont Institute, the place Mizelle participated in a weeklong fellowship.
Mizelle was given the “not certified” ranking by the American Bar Affiliation when she was nominated, based mostly on her lack of expertise — which is a main focus of the ABA’s rating system.
“(A) nominee to the federal bench ordinarily ought to have no less than 12 years’ expertise within the observe of regulation,” the ABA stated in a letter to the Senate Judiciary Committee in September 2020. The ABA’s “Backgrounder” provides that “in evaluating the skilled {qualifications} of a nominee, the Standing Committee acknowledges that substantial courtroom and trial expertise as a lawyer or trial decide is vital.”
Whereas Mizelle was admitted to observe regulation in September 2012, the ABA notes that “a nominee’s restricted expertise could also be offset by the breadth and depth of the nominee’s expertise over the course of her or his profession.” On this case, the ABA wrote, Mizelle had not tried a civil or felony case as a lead or co-counsel.
In its letter, the ABA stated it was not questioning Mizelle’s character or future capacity. “Ms. Mizelle has a really eager mind, a robust work ethic and a formidable resume,” the letter states. “She presents as a pleasant individual and she or he has many associates who assist her nomination. Her integrity and demeanor should not in query. These attributes nevertheless merely don’t compensate for the quick time she has truly practiced regulation and her lack of significant trial expertise.”
Requested concerning the ABA’s letter in her Senate Judiciary written questionnaire, Mizelle wrote, “I don’t absolutely perceive its methodology or why they omitted dialogue of my litigation as a federal prosecutor the place I appeared and argued in federal district court docket.”
Throughout her affirmation listening to, Mizelle was requested by Republican Sen. Ted Cruz of Texas what she’d inform litigants fearful about her lack of expertise.
“I might work myself to determine it out, to study it rapidly. I might carry all of my vitality and depth to mastering the duty at hand,” she stated.
CNN’s Tierney Sneed and Dan Berman contributed to this report.
