Elizabeth Lee Branch

Elizabeth Lee Branch is a United States circuit judge on the Eleventh Circuit Court of Appeals, appointed in 2018 by President Donald J. Trump. Prior to her federal service she served six years as a judge on the Georgia Court of Appeals and held senior positions in both private practice and the executive branch of the federal government. Her career has combined extensive litigation experience with roles shaping regulatory policy, and she continues to sit actively on the Eleventh Circuit, contributing to the development of federal appellate jurisprudence.

Early life and legal career

Born in Atlanta, Georgia, in 1968, Branch was raised in Fulton County and attended the Westminster Schools before enrolling at Davidson College. She earned a Bachelor of Arts degree cum laude in 1990. Continuing her education in her home state, she matriculated at Emory University School of Law, where she distinguished herself as notes and comments editor of the Emory Law Journal and received the Charles E. Watkins Jr. scholarship. She graduated with distinction in 1994, earning membership in the Order of the Coif.

Following law school, Branch clerked for Judge J. Owen Forrester of the United States District Court for the Northern District of Georgia from 1994 to 1996. The clerkship provided her early exposure to federal trial practice and judicial decision‑making.

Branch entered private practice in Atlanta after completing her clerkship. She joined Smith, Gambrell & Russell, LLP, where she eventually became a partner in the firm’s commercial litigation practice group. Her tenure at the firm spanned two periods: from 1996 to 2004 and again from 2008 until her elevation to the state bench in 2012. In that capacity she handled complex business disputes and represented clients in both trial and appellate matters.

From 2004 to 2008, Branch served as a senior official within the administration of President George W. Bush. She spent three years as counselor to the administrator of the Office of Information and Regulatory Affairs (OIRA) at the United States Office of Management and Budget, where she was involved in reviewing federal regulations and coordinating inter‑agency regulatory policy. For one year she held the position of associate general counsel for rules and legislation at the United States Department of Homeland Security, providing legal guidance on rulemaking and legislative initiatives.

In 2012 Governor Nathan Deal appointed Branch to the Georgia Court of Appeals, filling the vacancy left by Charles Mikell. She served on that intermediate appellate court until her federal appointment in 2018. During her time on the state bench she contributed to the development of Georgia law through a range of published opinions.

Branch’s professional activities have extended beyond courtroom duties. In 2013 Governor Deal named her to the Georgia Commission on Child Support, reflecting an interest in family‑law policy matters. She has served on the board of advisors for the Atlanta Lawyers Chapter of the Federalist Society and participated as a member of the Emory University Board of Visitors through at least 2018. Her involvement with the State Bar of Georgia includes membership in the Appellate Practice Section, and she holds master status in both the Lamar and Bleckley American Inns of Court. Within the broader legal community, Branch has been recognized by *Georgia Super Lawyers* (2012) and held leadership roles such as co‑chair of the Homeland Security and National Defense Committee of the ABA’s Section of Administrative Law and Regulatory Practice.

Federal appellate service

President Donald J. Trump nominated Branch to the United States Court of Appeals for the Eleventh Circuit on September 7, 2017, designating her to fill a seat that would become vacant when Judge Frank M. Hull assumed senior status at the end of 2017. The Senate Judiciary Committee held a hearing on her nomination on December 13, 2017.

Under Senate procedural rules, Branch’s original nomination was returned to the President on January 3, 2018. The President promptly announced his intent to renominate her on January 5, and the formal renomination was transmitted to the Senate on January 8. The Judiciary Committee reported her nomination favorably on January 18 by a vote of 19–2.

The full Senate considered the nomination in February 2018. Cloture—a procedural step to end debate—was invoked on February 26 with a vote of 72–22, allowing the confirmation vote to proceed the following day. On February 27, the Senate confirmed Branch by a margin of 73–23. She received her commission on March 19, 2018, and has served as an active circuit judge since that time.

As a member of the Eleventh Circuit, Judge Branch participates in panels reviewing appeals from federal district courts within Alabama, Florida, and Georgia. In addition to her judicial duties, she has taken part in broader discussions about legal education and clerkship hiring practices. In September 2022, following remarks by Fifth Circuit Judge James C. Ho regarding perceived “cancel culture” at Yale Law School, Branch announced that she would join a boycott of Yale law graduates for clerkships, citing concerns about free‑speech conditions on campus. She later extended the same stance to Stanford Law School after an incident involving the interruption of a conservative speaker in March 2023.

Jurisprudence and legacy

Judge Branch’s written opinions reflect a careful approach to statutory interpretation and a willingness to scrutinize congressional intent. In 2020, she authored a dissent in *NAACP v. Alabama*, arguing that the Voting Rights Act did not unambiguously waive states’ sovereign immunity under § 2, and therefore the plaintiffs could not sue states for alleged violations of that provision. Her reasoning emphasized the importance of clear congressional abrogation before courts may permit suits against sovereign entities.

Branch’s participation in the clerkship boycott underscores her engagement with issues concerning academic freedom and the perceived climate on law school campuses. By publicly stating that she would refrain from hiring graduates from institutions she believes suppress dissenting viewpoints, she has contributed to an ongoing national conversation about the relationship between legal education and the judiciary.

Beyond specific cases, Judge Branch’s legacy includes her contributions to both state and federal appellate jurisprudence, her experience shaping regulatory policy during a presidential administration, and her involvement in professional organizations that mentor younger lawyers. Her service on the Georgia Commission on Child Support and advisory roles with the Federalist Society illustrate a continued interest in public‑policy matters beyond the courtroom.

Through more than two decades of legal practice, government service, and judicial work at both state and federal levels, Elizabeth L. Branch has established a record characterized by rigorous analysis of statutory text, attention to procedural safeguards such as sovereign immunity, and an active voice in debates over the intersection of law, education, and free expression. Her ongoing tenure on the Eleventh Circuit ensures that she will continue to influence the development of federal law across the southeastern United States.