Joan Louise Larsen

Joan Louise Larsen (born 1968) is a United States circuit judge on the Sixth Circuit Court of Appeals, where she has served since late 2017. Prior to her federal appointment, she held a seat on the Michigan Supreme Court from 2015 until her elevation to the appellate bench. Her career spans academia, private practice, and service in the Department of Justice, complemented by clerkships at both the United States Court of Appeals for the District of Columbia Circuit and the United States Supreme Court.

Early life and legal career

Larsen was born on December 1, 1968, in Waterloo, Iowa. She pursued undergraduate studies at the University of Northern Iowa, earning a Bachelor of Arts degree before enrolling at Northwestern University’s Pritzker School of Law. At Northwestern she distinguished herself academically, graduating first in her class in 1993 and serving as articles editor for the law review, an experience that provided early exposure to complex legal scholarship.

Following graduation, Larsen entered the federal judiciary as a clerk for Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit. She subsequently clerked for Justice Antonin Scalia during the 1994 term of the United States Supreme Court, gaining insight into appellate decision‑making at the nation’s highest court.

In 1998 Larsen joined the faculty of the University of Michigan Law School as a professor, where she taught courses in constitutional law and legal theory. Her academic work emphasized rigorous textual analysis and the role of the judiciary in interpreting statutes and the Constitution. While on the faculty, she also contributed to scholarly publications and participated in conferences that addressed contemporary legal challenges.

Larsen’s experience extended into the executive branch when she served as Deputy Assistant Attorney General in the Office of Legal Counsel (OLC) at the United States Department of Justice from January 2002 through May 2003. Appointed during the administration of President George W. Bush, she authored a memorandum in March 2002 that addressed detainee access to the courts, and she was not involved in the OLC’s controversial “torture memos.” Her tenure at the OLC reflected an engagement with complex issues of executive authority and individual rights.

The state of Michigan appointed Larsen to its highest court on October 1, 2015. Governor Rick Snyder selected her to fill the vacancy created by Justice Mary Beth Kelly’s resignation. In the subsequent 2016 general election, Larsen secured a full term by winning a three‑candidate race with approximately 58.7 percent of the vote, thereby completing the remainder of Justice Kelly’s unexpired term through the end of 2018. During her service on the Michigan Supreme Court, she authored opinions that addressed both procedural and substantive matters, contributing to the development of state jurisprudence. In May 2016, President Donald J. Trump included Larsen on a list of potential nominees for the United States Supreme Court, underscoring her prominence within conservative legal circles at that time.

Federal appellate service

President Donald J. Trump nominated Larsen to the United States Court of Appeals for the Sixth Circuit on May 8, 2017, designating her to fill the seat that would be vacated by Judge David McKeague. The nomination process encountered procedural delays rooted in the Senate’s “blue‑slip” tradition, an informal practice allowing home‑state senators to express approval or objection to judicial nominees from their state. Michigan’s Democratic senators, Debbie Stabenow and Gary Peters, initially withheld their blue slips, effectively pausing the Senate Judiciary Committee’s consideration of her candidacy.

Larsen met individually with both senators on July 26, 2017, after which they returned their blue slips in August, permitting the nomination to advance. The Senate Judiciary Committee held a hearing on September 6, 2017, during which Larsen responded to questions concerning her judicial philosophy and prior experience. The committee reported her nomination favorably on October 5, 2017, with an 11‑9 vote.

Subsequent procedural steps included the filing of a cloture motion by Senate Majority Leader Mitch McConnell on October 26, 2017, intended to limit further debate on the nomination. The Senate invoked cloture on October 31, 2017, by a 60‑38 vote; notably, both Stabenow and Peters voted in favor of moving forward with the final confirmation vote. On November 1, 2017, Larsen was confirmed to the Sixth Circuit by the same margin—60 votes for confirmation and 38 against. She received her judicial commission on November 2, 2017, and has served as an active circuit judge since that date.

In her capacity on the Sixth Circuit, Judge Larsen participates in panels that review a broad spectrum of federal issues, ranging from civil rights to administrative law. Her opinions reflect a methodical approach to statutory interpretation and a measured view of agency authority, consistent with the analytical style evident throughout her earlier academic and judicial work.

Jurisprudence and legacy

Among the decisions authored or joined by Judge Larsen on the Sixth Circuit, her dissent in *In re MCP No. 165* (2021) has attracted particular attention. The case involved a challenge to an Occupational Safety and Health Administration (OSHA) regulation that required large employers to implement mandatory COVID‑19 vaccination policies—or, alternatively, to impose mask mandates and weekly testing on unvaccinated workers. While the majority of the panel voted to dissolve a stay that had temporarily blocked enforcement of the rule, Judge Larsen dissented, arguing that the Secretary of Labor lacked statutory authority to promulgate such a vaccine mandate. She further contended that the regulation implicated the “major questions” doctrine, which restricts agencies from asserting expansive powers absent clear congressional authorization.

The Supreme Court later granted a stay on the OSHA rule, aligning with the reasoning advanced in Judge Larsen’s dissent. This outcome underscores her influence on the evolving dialogue concerning the limits of administrative power and the judiciary’s role in reviewing agency actions that have far‑reaching economic and public‑health implications.

Beyond this high‑profile case, Judge Larsen’s body of work on the Sixth Circuit continues to shape legal precedent within the circuit’s jurisdiction, which includes Michigan, Ohio, Kentucky, and Tennessee. Her opinions often emphasize textual fidelity to statutes and a cautious approach to expanding governmental authority, reflecting themes that have been consistent throughout her career—from her early clerkships under Justice Scalia to her academic scholarship at the University of Michigan.

Judge Larsen’s legacy also encompasses her contributions to legal education and mentorship during her tenure as a law professor. Former students and colleagues note her commitment to rigorous analytical training and her encouragement of scholarly inquiry into constitutional and administrative law. While still actively serving on the federal bench, she remains a prominent figure whose judicial reasoning contributes to ongoing debates over statutory construction, executive power, and the balance between individual rights and governmental regulation.

Overall, Joan Louise Larsen’s professional trajectory—from an Iowa upbringing through elite academic achievement, high‑level clerkships, service in the Department of Justice, state supreme court tenure, and finally a federal appellate appointment—illustrates a career marked by consistent engagement with complex legal issues. Her jurisprudence on the Sixth Circuit continues to influence the development of federal law, particularly in areas where courts assess the scope of agency authority under the Constitution and statutory frameworks.