J. Michelle Childs
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Julianna Michelle Childs (born March 24, 1966) is an American lawyer and jurist serving as a
United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...
of the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
. She was previously a United States district judge of the
United States District Court for the District of South Carolina The United States District Court for the District of South Carolina (in case citations, D.S.C.) is the federal district court whose jurisdiction is the state of South Carolina. Court is held in the cities of Aiken, Anderson, Beaufort, Charle ...
from 2010 to 2022 and a judge of the
South Carolina Circuit Court The South Carolina Circuit Court is the state court of general jurisdiction of the U.S. state of South Carolina. It consists of a civil division (the Court of Common Pleas) and a criminal division (the Court of General Sessions). The Circuit ...
from 2006 to 2010. Childs was under consideration by President
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
to fill retiring Justice
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and r ...
's seat on the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
, but Biden instead nominated
Ketanji Brown Jackson Ketanji Onyika Brown Jackson (née Brown; ; born September 14, 1970) is an American lawyer and jurist who is an associate justice of the Supreme Court of the United States. Jackson Ketanji Brown Jackson Supreme Court nomination, was nominated ...
for Breyer's seat in February 2022.


Early life and education

Childs was born in 1966 in
Detroit, Michigan Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
. Her parents divorced when she was young. Her father, Ralph "Pete" Childs, was a champion
table tennis Table tennis (also known as ping-pong) is a racket sport derived from tennis but distinguished by its playing surface being atop a stationary table, rather than the Tennis court, court on which players stand. Either individually or in teams of ...
player who won the U.S. Junior Championship in 1964 at age 16; he joined the
Detroit Police Department The Detroit Police Department (DPD) is the primary law enforcement agency of the city of Detroit, Michigan, United States. Founded in 1865, it has nearly 2,630 officers, making it the largest law enforcement organization in the state. In additio ...
as an officer in 1970. Her mother, Shandra (''née'' Green), a personnel manager for Michigan
Bell Telephone The Bell System was a system of telecommunication companies, led by the Bell Telephone Company and later by the American Telephone and Telegraph Company (AT&T), that dominated the telephone services industry in North America for over 100 years f ...
, decided to move to
Columbia, South Carolina Columbia is the List of capitals in the United States, capital city of the U.S. state of South Carolina. With a population of 136,632 at the 2020 United States census, 2020 census, it is List of municipalities in South Carolina, the second-mo ...
, when Childs was 14 years old due to rising crime in Detroit. Childs' father remained in Detroit and died in 1980 at age 32 from a gunshot wound, possibly self-inflicted. She attended
Columbia High School Columbia High School may refer to: *Columbia High School (Huntsville, Alabama) *Columbia High School (Georgia) *Columbia High School (Florida) *Columbia High School (Idaho) *Columbia High School (Illinois) *Columbia High School (Mississippi), a Mis ...
, where she graduated in 1984 as
class president A class president, also known as a class representative, is usually the leader of a student body class, and presides over its class cabinet or organization within a student council. In a grade school, class presidents are generally elected by ...
and
valedictorian Valedictorian is an academic title for the class rank, highest-performing student of a graduation, graduating class of an academic institution in the United States. The valedictorian is generally determined by an academic institution's grade poin ...
. She also took part in youth
beauty pageants A beauty pageant is a competition in which the contestants are judged and ranked based on various physical and mental attributes. Per its name, beauty pageants traditionally focus on judging the contestants' physical attractiveness, sometimes sol ...
and won the Miss Black Florida pageant in 1986. Childs was inspired to pursue a legal career after participating in
mock trial A mock trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisti ...
programs, first in high school and later at the
University of South Florida The University of South Florida (USF) is a Public university, public research university with its main campus located in Tampa, Florida, Tampa, Florida, United States, and other campuses in St. Petersburg, Florida, St. Petersburg and Sarasota, ...
, which she attended on scholarship. She is a member of
Delta Sigma Theta Delta Sigma Theta Sorority, Inc. () is a List of African-American fraternities, historically African American Fraternities and sororities, sorority. The organization was founded by college-educated women dedicated to public service with an emp ...
sorority. She graduated ''cum laude'' in 1988 with a
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree in management from the University of South Florida. She enrolled at the
University of South Carolina School of Law The University of South Carolina Joseph F. Rice School of Law, also known as South Carolina Law School, is a professional school within the University of South Carolina. Founded in 1867, it is the only public and non-profit law school in South Car ...
, wanting to practice law in her home state, and graduated in 1991 with a
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
.President Obama Nominates Judge J. Michelle Childs, Richard Mark Gergel to District Court Bench for the District of South Carolina
, ''
whitehouse.gov whitehouse.gov or wh.gov is the official website of the White House and is managed by the Office of Digital Strategy of the White House Office under the Executive Office of the President of the United States. It was launched in 1994 by the ...
'' (December 22, 2009).
Childs also earned a
Master of Arts A Master of Arts ( or ''Artium Magister''; abbreviated MA or AM) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Those admitted to the degree have ...
degree in personnel and employment relations from the
University of South Carolina The University of South Carolina (USC, SC, or Carolina) is a Public university, public research university in Columbia, South Carolina, United States. Founded in 1801 as South Carolina College, It is the flagship of the University of South Car ...
School of Business in 1991. In 2016, she received her
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is a postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in another subject. In many jurisdi ...
in judicial studies from
Duke University School of Law The Duke University School of Law is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit that began in 1868 as the ...
.


Early career

In 1991, Childs was hired as a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
at Nexsen Pruet, a firm that represents employers in
labor law Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
litigation. She was a full associate at the firm from 1992 to 1999, and became the first Black woman partner at a major South Carolina law firm when she was named a Nexsen Pruet partner in 2000. During her time at the firm, Childs gained a reputation for being an expert in
employment Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...
and
labor law Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
. After working for Nexsen Pruet, Childs worked in the state government for six years. From 2000 to 2002, Childs served as the deputy director of the division of labor with the
South Carolina Department of Labor South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both west and east. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz' ...
during the administration of
South Carolina Governor The governor of South Carolina is the head of government of South Carolina. The governor is the ''ex officio'' commander-in-chief of the National Guard when not called into federal service. The governor's responsibilities include making year ...
Jim Hodges James Hovis Hodges (born November 19, 1956) is an American businessman, attorney, and politician who served as the 114th governor of South Carolina from 1999 to 2003. A former member of the South Carolina House of Representatives, Hodges is t ...
. From 2002 until 2006, she served as a commissioner on the South Carolina
Workers' Compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...
Commission.


Judicial career


State court

In 2006, she was elected by the
South Carolina General Assembly The South Carolina General Assembly, also called the South Carolina Legislature, is the state legislature of the U.S. state of South Carolina. The legislature is bicameral and consists of the lower South Carolina House of Representatives and ...
to become Richland County
Circuit Court Circuit courts are court systems in several common law jurisdictions. It may refer to: * Courts that literally sit 'on circuit', i.e., judges move around a region or country to different towns or cities where they will hear cases; * Courts that s ...
Judge based in Columbia. During her time as a state judge, she helmed a special business court pilot program and became chief judge for General Sessions, South Carolina's Criminal Court. Childs has received criticism from the magazine ''
The American Prospect ''The American Prospect'' is a daily online and bimonthly print American political and public policy magazine dedicated to American modern liberalism and Progressivism in the United States, progressivism. Based in Washington, D.C., ''The America ...
'' for sentencing a non-violent man to prison for 12 years for selling eight ounces of marijuana in a 2009 case, while Childs was a circuit court judge.


Federal judicial service


District court service

On December 22, 2009, President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
nominated Childs to serve on the
United States District Court for the District of South Carolina The United States District Court for the District of South Carolina (in case citations, D.S.C.) is the federal district court whose jurisdiction is the state of South Carolina. Court is held in the cities of Aiken, Anderson, Beaufort, Charle ...
, to fill the seat vacated by Judge G. Ross Anderson, who assumed senior status on January 29, 2009. On April 16, 2010, a hearing on her nomination was held before the Senate Judiciary Committee. On May 6, 2010, her nomination was favorably reported by the committee. Her nomination was confirmed by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on August 5, 2010. She received her commission on August 20, 2010. Her service on the district court terminated on August 2, 2022, when she was elevated to the Court of Appeals. Childs was elected to the
American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars limited to 3,000 elected members and established in 1923 to promote the clarification and simplification of United States common law and i ...
in 2011 and served as an adviser on the ''Restatement Third, Employment Law'', an influential legal treatise that was published in 2015. She also served on an ALI Regional Advisory Group, helping to identify and recommend new members in North Carolina, South Carolina, and Tennessee. In 2020, Childs was elected chair of the judicial division of the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
. In February 2021, Childs was promoted as a potential
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
nominee under the Biden administration by U.S. Representative
Jim Clyburn James Enos Clyburn (born July 21, 1940) is an American politician serving as the U.S. representative for . First elected in 1992, Clyburn is in his 17th term, representing a congressional district that includes most of the majority-black precinc ...
of South Carolina.


Notable cases

In November 2014, Childs ruled in favor of two women who sued to have the state recognize their marriage performed in Washington, D.C., finding South Carolina's failure to recognize their marriage to be unconstitutional. In September 2020, Childs granted a
preliminary injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable reme ...
that blocked South Carolina's
absentee ballot Absentee or The Absentee may refer to: * Absentee (band), a British band * The Absentee, a novel by Maria Edgeworth, published in 1812 in ''Tales of Fashionable Life'' * ''The Absentee'' (1915 film), a 1915 American silent film directed by Christy ...
witness requirement. A
United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district cou ...
panel initially blocked the injunction granted by Childs, but the full appeals court reinstated it during an
en banc In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeal ...
session. Ultimately, the injunction was struck down by the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
. Childs has made two decisions related to nuclear reactor facilities in South Carolina. First, in August 2018, Childs refused to
enjoin An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable ...
a state law that forced a state utility to cut its customers' rates after the failed construction of two new nuclear reactors in
Fairfield County Fairfield County is the name of three counties in the United States: * Fairfield County, Connecticut * Fairfield County, Ohio * Fairfield County, South Carolina {{Geodis, uscounty ...
. Second, in December 2021, Childs refused to block a
vaccine mandate A vaccination policy is a health policy adopted in order to prevent the spread of infectious disease. These policies are generally put into place by state or local governments, but may also be set by private facilities, such as workplaces or sc ...
for workers at a South Carolina nuclear facility. Childs ruled that the company did not have to continue employing someone who refused to get vaccinated. Childs again received criticism from ''
The American Prospect ''The American Prospect'' is a daily online and bimonthly print American political and public policy magazine dedicated to American modern liberalism and Progressivism in the United States, progressivism. Based in Washington, D.C., ''The America ...
'' regarding her criminal rulings.


Potential nomination to the Supreme Court

On January 28, 2022, the White House stated that Childs was among those being considered for nomination to the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
, to fill the seat would be vacated after Justice
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and r ...
's retirement. Two days later, one of her home-state U.S. Senators from South Carolina, Republican
Lindsey Graham Lindsey Olin Graham (; born July 9, 1955) is an American politician and attorney serving as the Seniority in the United States Senate, senior United States Senate, United States senator from South Carolina, a seat he has held since 2003. A membe ...
, publicly voiced his support for her potential nomination. Childs' surprising ascent from district court judge to Supreme Court finalist can also be attributed to
Jim Clyburn James Enos Clyburn (born July 21, 1940) is an American politician serving as the U.S. representative for . First elected in 1992, Clyburn is in his 17th term, representing a congressional district that includes most of the majority-black precinc ...
, the House majority whip, who had been lobbying Biden to nominate Childs notwithstanding concerns over Childs' moderate record as a judge and trial lawyer. Labor rights groups voiced their disapproval with Childs' consideration for the U.S. Supreme Court, given her private sector experience working at a law firm many considered to be an "anti-union" law firm. On February 22, 2022, President Biden ultimately chose
D.C. Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
Judge
Ketanji Brown Jackson Ketanji Onyika Brown Jackson (née Brown; ; born September 14, 1970) is an American lawyer and jurist who is an associate justice of the Supreme Court of the United States. Jackson Ketanji Brown Jackson Supreme Court nomination, was nominated ...
to fill Breyer's seat.


Court of appeals service

In January 2021, U.S. Representative Jim Clyburn sent a letter to President Biden's
transition team A political transition team is used when there is a change of political leadership, to enable an orderly and peaceful transfer of power. Canada When a new Prime Minister, provincial premier or party leader is elected; a transition team is usu ...
encouraging Biden to nominate Childs to the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
. On December 23, 2021, Biden announced Childs as his nominee for that court, and her nomination was sent to the Senate on January 10, 2022. She was nominated to the seat to be vacated by Judge
David S. Tatel David Stephen Tatel (born March 16, 1942) is an American lawyer who served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. Education and career Tatel received his Bachelor of Arts fr ...
, who announced his intent to assume senior status upon confirmation of a successor. On April 27, 2022, a hearing on her nomination was held before the Senate Judiciary Committee. On May 26, 2022, her nomination was reported out of committee by a 17–5 vote. On July 11, 2022, Majority Whip
Dick Durbin Richard Joseph Durbin (born November 21, 1944) is an American lawyer and politician serving as the Seniority in the United States Senate, senior United States senator from the state of Illinois, a seat he has held since 1997. A member of the Dem ...
filed
cloture Cloture (, ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. is ...
on her nomination. On July 14, 2022, the Senate invoked cloture on her nomination by a 58–33 vote. On July 19, 2022, her nomination was confirmed by a 64–34 vote. She received her judicial commission on July 25, 2022.


Personal life

Childs is married to Floyd Angus, a
gastroenterologist Gastroenterology (from the Greek gastḗr- "belly", -énteron "intestine", and -logía "study of") is the branch of medicine focused on the digestive system and its disorders. The digestive system consists of the gastrointestinal tract, sometime ...
, and they have one daughter. She is a
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
and serves as a trustee on the board of Columbia's St. Martin de Porres Catholic School.


See also

*
Joe Biden Supreme Court candidates With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his vi ...
*
List of African American federal judges This is a list of African Americans who have served as United States federal judges. , 301 African-Americans have served on the federal bench. United States Supreme Court United States Courts of Appeals United States District Courts ...
*
List of African American jurists This list includes individuals self-identified as African Americans who have made prominent contributions to the field of law in the United States, especially as eminent judges or legal scholars. Individuals who may have obtained law degrees o ...


References


External links

* * * , - {{DEFAULTSORT:Childs, J. Michelle 1966 births Living people 20th-century Roman Catholics 21st-century American women judges 21st-century Roman Catholics Judges of the United States Court of Appeals for the D.C. Circuit Judges of the United States District Court for the District of South Carolina African-American judges African-American Catholics American Roman Catholics Catholics from South Carolina Delta Sigma Theta members Duke University alumni Lawyers from Columbia, South Carolina Lawyers from Detroit South Carolina state court judges United States court of appeals judges appointed by Joe Biden United States district court judges appointed by Barack Obama University of South Carolina School of Law alumni University of South Florida alumni