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Jeffrey Sutton
Jeffrey Sutton
Jeffrey Sutton
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Jeffrey Stuart Sutton (born October 31, 1960) is an American lawyer and jurist serving as the chief judge of the United States Court of Appeals for the Sixth Circuit. Sutton was appointed to the Sixth Circuit in 2003 by President George W. Bush and has served as its chief judge since 2021.

Key Information

Early life and career

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Sutton received a Bachelor of Arts degree in history from Williams College in 1983.[1] Sutton worked as a paralegal in Washington, D.C., and spent a summer at an archaeological dig site in Jordan as part of a United States Department of State cultural exchange program, then returned to Ohio to be a high school history teacher and varsity soccer coach at the Columbus Academy, a private school in Gahanna, Ohio.[1]

Sutton received his Juris Doctor from Ohio State University's Moritz College of Law in 1990. He then clerked for Judge Thomas Meskill of the United States Court of Appeals for the Second Circuit from 1990 to 1991. Next he clerked at the United States Supreme Court for Justice Lewis F. Powell Jr., who had assumed senior status, then for Justice Antonin Scalia from 1991 to 1992. Scalia later said that Sutton was "one of the very best law clerks [he] ever had".[2]

Sutton was in private practice in Columbus at the law firm Jones Day from 1992 to 1995 and 1998 to 2003, serving as Solicitor General of Ohio from 1995 to 1998. He has also served as an adjunct professor of law at the Ohio State University Moritz College of Law[3] since 1994 and more recently as a visiting lecturer at Harvard Law School.[4] He teaches state constitutional law, a subject in which he is particularly interested and about which he has written extensively.[5]

Federal judicial service

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Sutton was first nominated by President George W. Bush on May 9, 2001, to a seat on the Sixth Circuit vacated by David A. Nelson, who assumed senior status on October 1, 1999. That nomination, made during the 107th United States Congress, never received a floor vote in the United States Senate. Sutton was not confirmed until almost two years later, on April 29, 2003, when the Senate of the 108th United States Congress confirmed him by a 52–41 vote.[6] He received his commission on May 5, 2003.[7] He became Chief Judge on May 1, 2021.[8]

On February 20, 2026, Sutton announced that he would be taking Senior Status.[9]

Notable opinions

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In 2007, Sutton dissented in part when the Sixth Circuit held that a police officer did not have qualified immunity for arresting a speaker for using foul language at a town meeting.[10] In June 2011, Sutton became the first judge appointed by a Republican to rule in favor of the health care mandate in President Barack Obama's Health Care law.[11]

In November 2014, Sutton authored the 2–1 opinion ruling upholding same-sex marriage bans in Michigan, Kentucky, Ohio, and Tennessee in the Sixth Circuit reversing six previous federal district court rulings. The ruling was the second federal court ruling and the only Federal Court of Appeals ruling[12] to uphold same-sex marriage bans after the U.S. Supreme Court struck down a portion of the Defense of Marriage Act in United States v. Windsor in June 2013. This ran counter to rulings by the U.S. Courts of Appeals for the 4th, 7th, 9th and 10th circuits, which then led the U.S. Supreme Court to grant writ of certiorari to review same-sex marriage bans when it previously declined to do so.[13][14] In Obergefell v. Hodges the Supreme Court reversed the decision of the Sixth Circuit.

See also: Jonathan Skrmetti § VUMC investigation, and LGBT rights in Tennessee § Medical care

On December 17, 2021, in In re MCP No. 165, OSHA, Interim Final Rule: COVID-19 Vaccination & Testing, 20 F.4th 264 (6th Cir. 2021), Chief Judge Sutton dissented from the denial of initial hearing en banc. The case concerned a rule issued by the Secretary of Labor requiring “roughly 80 million workers to become vaccinated or face a weekly self-financed testing requirement and a daily masking requirement.” Chief Judge Sutton’s opinion argues that the Secretary of Labor lacks “authority to impose this vaccine-or-test mandate.”[15]

On April 12, 2022, in Arizona v. Biden (6th Cir. 2022), Judge Sutton wrote a concurrence suggesting that nationwide injunctions "seem to take the judicial power beyond its traditionally understood uses, permitting district courts to order the government to act or refrain from acting toward nonparties in the case."[16]

On July 8, 2023, Sutton temporarily halted a lower court injunction[17] on Tennessee's law banning gender affirming care for minors.[18][19][20][21][22] The 2-1 ruling, written by Sutton, decided that the plaintiffs "have not shown that a right to new medical treatments is 'deeply rooted in our history and traditions', and thus beyond the democratic process to regulate."[23][24] Sutton noted the current ruling allowing the ban on gender-affirming care to go into effect is temporary, saying, "We may be wrong."[25] He set a tentative date of September 30, 2023 to have a final judgement on the matter.[26]

On July 12, 2024, in Gore v. Lee (6th Cir. 2024), Chief Judge Sutton authored a majority opinion that upheld a Tennessee law that “treats the sex listed on a birth certificate as a historical fact unchangeable by an individual’s transition to a different gender identity.” The opinion described biological sex as “a medical fact of birth collected by the State about everyone” and rejected arguments that the U.S. Constitution “require[s] Tennessee to change the biological sex listed on the birth certificates of transgender individuals to match their gender identities.” Judge Helene White authored a dissenting opinion arguing that Tennessee impermissibly “classifies individuals based on the State’s generalizations of what it means to be truly male and female.”[27]

Feeder Judge

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Since joining the bench, Judge Sutton has been one of the most prolific feeder judges, sending a number of his law clerks to the Supreme Court.[28]

Other

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Sutton chaired the Advisory Committee on Appellate Rules of the Judicial Conference of the United States from 2009 to 2012, and served on the committee beginning in 2005. He went on to chair the Committee on Rules of Practice and Procedure from 2012 to 2015.[29]

Other views

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On a podcast with Harvard Law School professor Noah Feldman, Judge Sutton, a conservative originalist, expressed the view that the United States Supreme Court's December 2000 decision in Bush v. Gore was wrongly decided.[30]

Published works

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See also

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References

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Revisions and contributorsEdit on WikipediaRead on Wikipedia

Jeffrey Sutton

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Jeffrey Stuart Sutton (born 1960) is an American jurist serving as Chief Judge of the United States Court of Appeals for the Sixth Circuit since 2021. Appointed to the court in 2003 by President following a bipartisan confirmation vote of 64-35, Sutton previously served as State Solicitor from 1995 to 2003, where he argued twelve cases before the . His judicial philosophy emphasizes , the primacy of state constitutions in addressing rights claims, and restraint against expansive federal judicial power, as articulated in his 2018 book 51 Imperfect Solutions: States and the Constraints of U.S. Constitution, which critiques over-reliance on the federal judiciary for policy resolution. Sutton's tenure includes leadership roles such as Chair of the Judicial Conference Committee on Rules of Practice and Procedure from 2012 to 2016, influencing federal court procedures nationwide. Notable opinions reflect his commitment to limits and constitutional structure, including a 2018 ruling invalidating certain appointments for violating , a dissent in the OSHA vaccine mandate case later adopted by the , and a 2014 panel decision upholding state same-sex marriage restrictions under prior to their nationwide invalidation by Obergefell v. Hodges. His confirmation faced opposition from civil rights organizations, including the Leadership Conference on Civil Rights, which criticized his advocacy as Ohio Solicitor in Americans with Disabilities Act cases for allegedly seeking to narrow federal protections beyond Supreme Court precedents; however, supporters highlighted his legal acumen and the Senate's cross-aisle approval as evidence of his qualifications despite such advocacy from interest groups with policy stakes. Sutton continues to teach and lecture on , underscoring empirical approaches to through state-level experimentation over uniform national mandates.

Early life and education

Family background and upbringing

Jeffrey Stuart Sutton was born in 1960 in , , where his father worked as an oil executive. He spent much of his childhood and was raised in following his family's return from abroad. Little public information exists regarding his mother's background or additional details, though Sutton's early exposure to international settings via his father's career may have influenced his later professional path in law and public service.

Academic training and influences

Sutton earned a degree in from in 1983. He subsequently attended The Ohio State University Moritz College of Law, where he received his Juris Doctor in 1990. During his undergraduate studies, Sutton engaged in seminar-style discussions that emphasized rigorous intellectual exchange, akin to the adversarial nature of legal argumentation. His legal education at Ohio State provided foundational training in advocacy and constitutional interpretation, informing his later emphasis on state constitutional law as laboratories for federalism. While specific mentors from his academic years are not prominently documented, Sutton's career trajectory reflects an early orientation toward originalist and textualist approaches, evident in his subsequent clerkships and writings on judicial restraint.

Clerkships and early professional experience

Following his graduation from the Ohio State University College of Law in 1990, Sutton clerked for Judge Thomas J. Meskill on the United States Court of Appeals for the Second Circuit. He then served as a law clerk for Justice Lewis F. Powell Jr., who had taken senior status, at the Supreme Court of the United States. Subsequently, from 1991 to 1992, Sutton clerked for Justice Antonin Scalia, who later described him as "one of the very best law clerks [he] ever had." After completing his Supreme Court clerkships, Sutton entered private practice as an associate at the law firm Jones Day in Columbus, Ohio, from 1992 to 1995. During this period, he focused on appellate litigation, contributing to cases that advanced to higher courts. By the mid-1990s, he had risen to partner at the firm, handling complex commercial and constitutional disputes. This early practice phase established his reputation in state and federal appellate advocacy prior to his government service.

Role as Ohio Solicitor General

Jeffrey Sutton served as the Solicitor General of from 1995 to 1998, acting as the state's chief appellate advocate under Attorney General Betty Montgomery. In this capacity, he oversaw all appellate litigation on behalf of the state, including appeals to the Ohio Supreme Court, federal courts of appeals, and the U.S. , while also handling complex litigation matters involving state interests. His office managed dozens of cases annually, focusing on defending state laws and policies against federal and private challenges, often emphasizing principles of to limit federal overreach into state authority. During his tenure, Sutton argued multiple high-profile cases, including a notable appearance before the U.S. Supreme Court on February 19, 1997, representing Ohio and other states as amici curiae in support of the petitioner in Reno v. American Civil Liberties Union, a challenge to the Communications Decency Act. This argument marked an early and influential instance of a state solicitor advocating directly as amicus in the modern Supreme Court era, helping to advance coordinated state positions on federal statutory issues. He also secured victories in state supreme court appeals and federal circuits, contributing to a record that included twelve arguments before the Ohio Supreme Court and six before U.S. courts of appeals overall in his advocacy career. Sutton's work earned recognition from the National Association of Attorneys General, which named him the outstanding state appellate advocate for his service, highlighting his effectiveness in protecting state sovereignty. His approach prioritized rigorous defense of state autonomy, as seen in efforts to uphold Ohio's regulatory powers against expansive federal interpretations, laying groundwork for his later judicial emphasis on federalism. Upon leaving the position in 1998, he returned to private practice at Jones Day in Columbus, but his Solicitor General experience solidified his reputation as a leading advocate for state interests in appellate forums.

Judicial nomination and confirmation

Nomination by President George W. Bush

President nominated Jeffrey S. Sutton, then 40 years old, to serve as a Circuit Judge for the Sixth Circuit on May 9, 2001, as part of the president's initial slate of 11 nominees to the federal courts of appeals. The vacancy arose from Judge David A. Nelson assuming on October 1, 1999, leaving the seat open amid broader concerns over judicial vacancies in the federal appeals courts. Bush's announcement emphasized the nominees' professional qualifications and dedication to interpreting the law as written, without imposing personal policy preferences from the bench. Sutton's selection highlighted his background as Ohio Solicitor General from 1995 to 1998, during which he argued 18 cases before the , often defending state sovereignty under the Eleventh Amendment and principles. Prior to that role, he had clerked for Supreme Court Justices and Lewis Powell, as well as for Judge on the Fourth Circuit, gaining experience in constitutional and appellate matters. These credentials positioned Sutton as a proponent of and restraint, aligning with Bush's criteria for judges who prioritize original constitutional meaning over expansive federal authority. The nomination encountered delays in the Senate Judiciary Committee, controlled by Democrats at the time, amid partisan disputes over ideological balance on the courts; it lapsed with the end of the 107th . Bush promptly renominated Sutton on January 7, 2003, upon the convening of the Republican-majority 108th , resubmitting him to the same Sixth Circuit vacancy. Critics, including disability rights advocates, challenged Sutton's federalism arguments in cases like Board of Trustees of the University of Alabama v. Garrett (2001), where he represented states asserting immunity from private ADA suits, viewing them as threats to congressional enactments, though Sutton maintained these positions rested on structural constitutional limits rather than policy opposition.

Senate confirmation debates and outcome

Sutton's confirmation hearing before the Senate Judiciary Committee occurred on January 29, 2003. Opponents, primarily Democratic senators including Edward Kennedy, , and , focused on his record as Ohio Solicitor General, accusing him of advocating positions that undermined federal civil rights protections, particularly for the disabled. They cited his arguments in cases such as Board of Trustees of the University of Alabama v. Garrett (2001), where he defended state sovereign immunity against ADA suits, and Olmstead v. L.C. (1999), challenging deinstitutionalization mandates, portraying these as evidence of hostility toward disability rights and broader federal laws like the ADEA, VAWA, and . Over 500 advocacy groups, including disability and civil rights organizations, opposed him on similar grounds. Sutton defended his positions as zealous representation of state interests, not personal ideology, emphasizing his adherence to precedent if confirmed and highlighting work for disabled clients, such as aiding a blind law student and prisoners. Supporters, including Republican senators and , praised his legal acumen—citing 12 arguments with a strong win record—judicial temperament, and mainstream views, backed by endorsements from figures like and an ABA "qualified" rating. They argued criticisms conflated advocacy with judicial philosophy, noting his success in cases aligned with constitutional principles of state sovereignty, often upheld by narrow 5-4 majorities. Floor debate on April 29, 2003, echoed these divides, with senators like and decrying Sutton's "extreme" stance as prioritizing sovereignty over individual protections in cases like Garrett and Alexander v. Sandoval (2001). Proponents, including DeWine, reiterated his ethical duty as counsel and compassion evidenced by community service. Democrats, holding potential power, opted against it for Sutton—unlike other nominees—allowing an up-or-down vote after over two years' delay since his May 9, 2001, . The Senate confirmed Sutton 52-41, with the vote falling largely along party lines amid seven absences. President George W. Bush commended the outcome, noting Sutton's integrity and the need to end delays on qualified nominees. He received his commission on June 2, 2003.

Service on the Sixth Circuit

Tenure overview and ascension to Chief Judge

Jeffrey S. Sutton received his commission as a Circuit Judge for the Sixth Circuit on May 5, 2003, nominated by President to succeed David A. Nelson. His tenure as an active judge has encompassed over two decades of service on a court responsible for reviewing appeals from federal district courts in , , , and , addressing a broad spectrum of civil, criminal, and administrative matters. Sutton's judicial service prior to assuming the chief judgeship included participation in panel and proceedings, contributing to the circuit's disposition of thousands of cases annually amid varying caseload demands. Sutton ascended to Chief Judge on May 1, 2021, succeeding , who had held the position since 2014. Under 28 U.S.C. § 45, the chief of a circuit is the active with the longest service who has not reached age 65, a criterion Sutton met as the senior qualifying at the time of succession. In this administrative role, he directs the operations of a circuit with sixteen active judgeships, managing docket efficiency, judicial assignments, and for a that processes diverse appellate workloads.

Notable judicial opinions

In Thomas More Law Center v. United States, 651 F.3d 529 (6th Cir. 2011), Sutton authored the panel opinion upholding the Affordable Care Act's as a valid exercise of Congress's authority, rejecting arguments that it exceeded federal power by regulating inactivity in healthcare decisions. He reasoned that individuals remain active in commerce when choosing how to finance healthcare, as non-purchases affect the national market through uncompensated care, distinguishing the provision from prior precedents like Lopez and Morrison. This decision, issued on June 29, 2011, was the first appellate ruling on the mandate's and contrasted with other circuits' invalidations, emphasizing in deferring to congressional findings on economic effects. Sutton wrote the majority opinion in DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014), affirming state bans on in , , , and under , as the 's equal protection precedents did not compel heightened scrutiny for classifications. Issued on November 6, 2014, the ruling held that states held legitimate interests in defining to channel procreative behavior and maintain a binary understanding tied to biological realities, without requiring animus to invalidate traditional definitions. Sutton underscored democratic processes over judicial imposition, noting the issue's evolution through state legislatures and initiatives rather than uniform federal mandates, a view later overridden by the in . In administrative law, Sutton dissented in United States v. Hatchett, 862 F.3d 471 (6th Cir. 2016), arguing against applying Chevron deference to an agency interpretation of a hybrid civil-criminal statute, favoring the rule of lenity to resolve ambiguities in favor of defendants. He contended that deference to executive interpretations risks undermining separation of powers when statutes carry penal consequences, prioritizing textual clarity over agency claims of expertise in ambiguous enforcement contexts. This stance reflects his broader skepticism of expansive agency authority, as seen in other opinions limiting deference where statutory language is unclear or involves quasi-criminal applications. Sutton authored the opinion in Doe v. Miami University, 800 F.3d 306 (6th Cir. 2015), upholding a medical student's expulsion for unprofessional conduct involving and , finding no violation despite procedural challenges. The September 14, 2015, ruling deferred to the university's academic judgment under rational basis standards, emphasizing institutional discretion in professional training programs where conduct implicates and ethical standards. In NFIB v. Department of Labor, OSHA, 17 F.4th 700 (6th Cir. 2021), Sutton dissented from the denial of a stay for the OSHA vaccine-or-test emergency rule, arguing it likely exceeded statutory by imposing a nationwide mandate on large employers without clear congressional intent for such broad regulation. His November 2021 dissent invoked the , highlighting non-delegation concerns and the rule's overreach into areas traditionally reserved for states or targeted legislation, influencing subsequent Supreme Court vacatur of the mandate.

Administrative roles and contributions

Sutton assumed the position of Chief Judge of the United States Court of Appeals for the Sixth Circuit on May 1, 2021. In this capacity, he acts as the administrative head of the court, with duties including presiding over sessions, designating panels for three-judge hearings, and exercising precedence among active judges during court proceedings, as specified in 28 U.S.C. § 45. These responsibilities enable efficient docket management and operational oversight for the circuit, which covers , , , and . As Chief Judge, Sutton chairs the Judicial Council of the Sixth Circuit, the primary administrative body for the circuit under 28 U.S.C. § 332. The council, composed of the chief judge and an equal number of circuit and judges, supervises court administration, including budgeting, personnel policies, case assignments, and facility management across the four states. Sutton's leadership ensures compliance with federal standards while addressing circuit-specific challenges, such as caseload distribution and . Sutton has extended his administrative influence nationally through service on Judicial Conference of the United States committees. He chaired the Advisory Committee on Appellate Rules, contributing to proposed amendments for federal appellate procedures submitted for Judicial Conference approval. From 2012 to 2016, he led the Standing Committee on Rules of Practice and Procedure, overseeing the development and revision of rules governing civil, criminal, appellate, and evidence practices across federal courts. Since at least 2024, Sutton has chaired the Judicial Conference's Executive Committee, advising Chief Justice John Roberts on judiciary-wide policies, including responses to judicial security threats and internal reviews of diversity, equity, and inclusion initiatives.

Judicial philosophy

Emphasis on federalism and state constitutions

Sutton has consistently advocated for a robust understanding of , viewing it as a structural safeguard that preserves state sovereignty and enables democratic experimentation outside the federal judiciary's purview. In his 2018 book 51 Imperfect Solutions: States and the Making of American Constitutional Law, he argues that state constitutions and courts complement the federal system by offering "imperfect" but vital alternatives for resolving constitutional disputes, often providing greater protections for individual rights than federal interpretations. This approach, he contends, allows state legislatures to amend constitutions more readily in response to judicial decisions, fostering absent in the federal structure where amendments are rare. Central to Sutton's federalism is the concept of states as "laboratories" for constitutional innovation, a he elaborates in his book Who Decides? States as Laboratories of Constitutional Experimentation. There, he examines how structural differences between state and federal constitutions—such as easier amendment processes and broader state powers—empower states to pioneer protections for liberty and property rights without preempting federal baselines. For instance, he highlights historical state-level advancements in areas like , where state courts and legislatures progressed independently after the U.S. Supreme Court's 1972 rejection of a federal right under the Fourteenth Amendment, demonstrating 's role in diffusing national controversies. Sutton's co-authorship of the casebook State Constitutional Law: The Modern Experience (multiple editions, including the 2022 fourth edition) further underscores this emphasis, framing state constitutions within 's context as independent sources of rights and powers that states retain exclusively. He posits that over-reliance on federal courts erodes this dynamic, urging greater deference to state interpretations to maintain the Supreme Court's institutional neutrality and prevent it from becoming a super-legislature on divisive issues. In a 2022 article, "21st Century ," Sutton reinforces these views by analyzing state courts' historical and structural advantages in adapting to local needs, cautioning against federal overreach that diminishes state autonomy.

Approach to separation of powers and administrative law

Jeffrey Sutton has consistently advocated for a rigorous enforcement of separation of powers in administrative law, arguing that judicial deference to agency interpretations undermines the constitutional roles of Congress and the courts. In his view, the administrative state risks concentrating excessive authority in the executive branch, contrary to the Framers' design of checks and balances, where Congress legislates, the executive executes, and courts interpret laws independently. He has critiqued doctrines like Chevron deference, which requires courts to defer to reasonable agency readings of ambiguous statutes, as an abdication of the judiciary's interpretive duty under Article III. In federal judicial opinions, Sutton has applied and limited deference selectively to preserve judicial primacy. For instance, in Carter v. Welles-Bowen Realty, Inc. (736 F.3d 357, 6th Cir. 2013), he held that the government could waive Chevron deference by failing to invoke it during litigation, emphasizing that such deference is not presumptively required and courts retain discretion to interpret statutes de novo when agencies do not seek it. Similarly, in cases involving "hybrid" statutes with both civil and criminal applications, Sutton has prioritized the over Chevron, dissenting to argue that ambiguities affecting liberty interests must be resolved in favor of defendants rather than deferred to agencies, as deference would improperly empower prosecutors to define crimes. This stance reflects his broader concern that agency interpretations, especially in enforcement contexts, erode the separation between and . Sutton's scholarship reinforces this approach, drawing lessons from state administrative law to critique federal practices. In his 2022 book Who Decides? States as Laboratories of Constitutional Experimentation, the administrative law chapter highlights how many state courts reject Chevron-like deference, enforcing non-delegation doctrines more stringently than federal courts (with state challenges succeeding at a 16% rate compared to 3% federally), thereby maintaining legislative accountability and judicial independence. He notes in a 2023 symposium introduction that states like (abandoning deference in Tetra Tech Eng'g, LLC v. DOR, 2018 WI 75) and Kansas (via 2009 legislation) have codified non-deference, often tying it to explicit separation-of-powers clauses in state constitutions, offering models for federal restraint against over-delegation. Sutton argues these variations demonstrate that need not default to deference; instead, courts should demand "intelligible principles" in delegations and scrutinize agency actions for encroachments on core legislative or judicial functions, such as in Pennsylvania's invalidation of private-delegation schemes (Protz v. WCAB, 161 A.3d 827, Pa. 2017). This state-federal comparative lens underscores his textualist commitment to constitutional structure over policy-driven expansions of agency power.

Textualism, originalism, and judicial restraint

Jeffrey Sutton has articulated a judicial philosophy strongly aligned with and , approaches he credits in part to his clerkship for Justice on the Supreme Court. He describes himself as embracing these methods because they constrain judicial discretion and shield the judiciary from politicization by grounding decisions in the enacted text and historical meaning. In interpreting statutes and constitutions, Sutton prioritizes the ordinary public meaning of the words at the time of or enactment, often drawing on state-specific historical contexts to avoid uniform federal impositions. This textual originalist framework is evident in Sutton's advocacy for independent state constitutional interpretation, as detailed in his 2018 book 51 Imperfect Solutions: States and the Constraints of the Federal Constitution. There, he argues that identical textual provisions in state and federal constitutions can yield divergent meanings based on ratification-era understandings or local ratifying conventions, rejecting "lockstep" adherence to U.S. precedents as inconsistent with . For instance, he cites cases like State v. Walker (Utah 2011), where textual analysis of "unreasonable searches and seizures" incorporated state-specific historical practices not mirrored federally. Sutton maintains that such an approach enriches constitutional protections without requiring judges to invent meanings, thereby honoring the document's structure as a whole. Sutton's commitment to complements these interpretive tools, emphasizing deference to democratic processes and caution against judicial innovation. He urges federal courts, including the , to exercise humility by permitting state experimentation on rights questions, allowing local texts and traditions to guide outcomes rather than nationalizing disputes. In instances of textual ambiguity or evolving norms, Sutton advocates restraint, such as withholding recognition of novel rights until a broad consensus emerges among state legislatures or courts, thereby preserving the judiciary's legitimacy. This restraint manifests in his opinions and scholarship, where he seeks to craft reasoning persuasive across methodologies, balancing Scalia's rigor with broader institutional considerations to avoid overreach.

Publications and scholarly work

Major books and monographs

Sutton's principal monograph, 51 Imperfect Solutions: States and the Making of American Constitutional Law, was published by in 2018. In it, he contends that federal courts should more readily defer to state constitutional interpretations that diverge from U.S. precedents, rejecting "" analysis that mandates alignment between state and federal rights protections. The book examines historical and structural arguments for state autonomy in areas such as equal protection, , privacy, and free speech, drawing on examples from state court decisions to illustrate how the fifty-one state constitutions (including the District of Columbia's) serve as independent sources of individual rights. His follow-up monograph, Who Decides?: States as Laboratories of Constitutional Experimentation, appeared from the same publisher in 2021. Building on themes of , Sutton analyzes structural differences between federal and state constitutions, advocating for states to experiment with policy solutions unburdened by uniform national mandates. The work critiques overreliance on resolutions for divisive issues, proposing instead that state-level variation fosters innovation and democratic accountability, with references to specific constitutional provisions and judicial practices across jurisdictions. Sutton co-edited The Essential Scalia: On the Constitution, the Courts, and the with Edward Whelan, published by Forum Books in 2020. This volume compiles selected writings and opinions of Justice , organized thematically to highlight his contributions to , , and , though it primarily serves as an anthology rather than original analysis by Sutton.

Casebooks and academic contributions

Sutton co-authored the casebook State Constitutional Law: The Modern Experience, published as part of West Academic's American Casebook Series, which examines the structure, interpretation, and application of state constitutions within the federal system. The text includes judicial decisions, scholarly articles, and commentary on topics such as organization, judicial selection, , individual rights, and the interplay between state and federal law, emphasizing practical experiences from state courts. First published in 2011 with co-authors Randy J. Holland, Stephen R. McAllister, and Jeffrey M. Shaman, subsequent editions refined the content; the fourth edition, released on November 29, 2022, was authored by Sutton and McAllister, incorporating updated cases and materials on contemporary state constitutional issues. The casebook underscores Sutton's advocacy for studying state constitutions as independent , distinct from federal precedents, arguing that they provide laboratories for constitutional experimentation and protect rights not uniformly addressed nationally. It has been used in courses to highlight divergences in state approaches to issues like free speech, education funding, and , promoting a federalism-oriented perspective that cautions against over-reliance on U.S. Supreme Court rulings for state-level . Beyond casebooks, Sutton has contributed scholarly articles to law reviews, focusing on the underappreciated role of state constitutional law in and practice. In a 2009 piece, he argued for greater emphasis on state constitutions in curricula, noting their frequent amendments—averaging over 150 per state historically—and their provision of broader protections in areas like compared to federal minima. His 2011 article critiqued tendencies to assimilate state law to federal standards, using examples from and other states to illustrate how independent textual interpretation yields distinct outcomes, such as varying standards for evidence suppression. These works reflect Sutton's broader scholarship promoting judicial , drawing on empirical patterns in state court decisions rather than abstract theory.

Recognition, influence, and legacy

Awards, honors, and professional affiliations

Sutton was elected to membership in the American Academy of Arts and Sciences in May 2024, recognizing his contributions to legal scholarship and jurisprudence. In October 2024, he received the Marshall-Wythe Medallion from the William & Mary Law School, an honor awarded to distinguished jurists for exemplary service in the judiciary. During his tenure as Ohio State Solicitor, Sutton earned the Best Brief Award from the National Association of Attorneys General for his advocacy before the U.S. Supreme Court. Sutton serves as a member of the American Law Institute, where he contributes to the restatement of legal principles and model codes. He holds adjunct faculty positions at institutions including the Ohio State University Moritz College of Law, reflecting his ongoing involvement in legal education.

Impact as a feeder judge and mentor

Sutton has emerged as one of the most prolific feeder judges on the federal bench, consistently placing former law clerks in Supreme Court chambers. Analysis of clerkships from the early 2000s through the early 2020s ranks him among the top circuit judges for such placements, alongside figures like Eleventh Circuit Judge William Pryor. His clerks have advanced to serve eleven different justices, reflecting a broad influence across ideological lines on the Court. Sutton recruits from an extensive array of law schools, including non-elite institutions, which broadens the pipeline beyond traditional feeders and emphasizes merit-based selection over pedigree. This success stems from his hands-on mentorship, where clerks gain exposure to rigorous appellate work, federalism-focused analysis, and practical advocacy skills honed during his own clerkships with Justices Lewis Powell and . Former clerks credit his guidance with equipping them for elite roles, amplifying Sutton's indirect shaping of deliberations through a network of alumni who carry forward his emphasis on and institutional restraint.

Broader influence on American jurisprudence

Sutton's book 51 Imperfect Solutions: States and the Making of American , published in 2018, has advanced the case for independent interpretation of state constitutions, arguing against "lockstepping" where state courts mirror federal precedents even when textual differences exist, thereby enriching by allowing states to serve as laboratories for constitutional experimentation. This perspective, grounded in historical examples like state-level protections for ' rights predating federal recognition, posits that state divergences can better safeguard individual liberties without requiring uniform national rulings. Scholarly reviews have credited the work with providing an ideologically neutral framework for rejecting lockstepping, potentially aligning with textual by emphasizing state-specific meanings over federal imposition. In his 2021 book Who Decides? States as Laboratories of Constitutional Experimentation, Sutton extended this emphasis, highlighting structural differences in state governments—such as nondelegation doctrines enforced by some state courts—that enable innovation and constrain judicial overreach more effectively than at the federal level. This has influenced discussions on rebalancing , as seen in analyses of the Roberts Court's shift away from balancing tests toward structural limits on federal power, where Sutton's advocacy for state experimentation underscores restraint in invalidating state laws. Sutton's judicial opinions have similarly shaped , notably his dissent in NFIB v. Department of Labor (2022), which rejected OSHA's vaccine mandate under the and was later vindicated by the Supreme Court's 6-3 ruling limiting agency authority beyond clear congressional delegation. His approach to , emphasizing and textual limits on deference, aligns with broader trends toward curbing executive overreach, as evidenced by his service on the American Law Institute's Council since 2017, where he contributes to restatements influencing nationwide. Through these channels, Sutton has reinforced a prioritizing democratic processes and state autonomy over expansive federal judicial intervention.

Controversies and criticisms

Confirmation opposition from civil rights advocates

Civil rights organizations, including the Leadership Conference on Civil Rights and , opposed Jeffrey Sutton's nomination to the United States Court of Appeals for the Sixth Circuit, arguing that his advocacy as Ohio Solicitor General demonstrated a pattern of seeking to undermine federal civil rights protections through assertions of state . These groups contended that Sutton's positions in multiple cases went beyond prevailing judicial interpretations by advocating restrictions on Congress's authority under Section 5 of the Fourteenth Amendment and the to enforce statutes like the Americans with Disabilities Act (ADA). Key points of contention included Sutton's arguments in Board of Trustees of the University of Alabama v. Garrett (2001), where he represented the state in asserting immunity from ADA damages suits by employees and remarked during oral argument that the ADA was "not needed"; Olmstead v. L.C. (1999), opposing ADA claims against institutionalization of individuals with mental disabilities; and Pennsylvania Department of Corrections v. Yeskey (1998), filing an amicus brief claiming the ADA did not apply to state prisons. Additional criticisms targeted his roles in Kimel v. Florida Board of Regents (2000), challenging Age Discrimination in Employment Act remedies; United States v. Morrison (2000), defending against the ; and Alexander v. Sandoval (2001), limiting private enforcement of Title VI disparate-impact regulations, as well as his praise for restrictive interpretations of the Voting Rights Act in Holder v. Hall (1994). Opponents, often coalitions favoring broad federal intervention in civil rights enforcement, portrayed these efforts—many of which aligned with narrow 5-4 majorities—as evidence of ideological hostility toward protections for disabled individuals, women, and minorities, rather than routine representation of state interests. The opposition coalesced around a broad coalition exceeding 400 organizations spanning disability rights, civil rights, , labor, and environmental advocacy, culminating in rallies and letters urging rejection. Despite this resistance, which contributed to delays following Sutton's initial on September 4, 2001, and renomination on January 7, 2003, the invoked and confirmed him on April 29, 2003, by a 52-41 vote largely along party lines, with two Democrats joining Republicans in support. Sutton maintained during his January 29, 2003, confirmation hearing that his arguments reflected zealous advocacy for , not personal views on the merits of civil rights laws.

Criticisms of specific rulings on social issues

In DeBoer v. Snyder (November 6, 2014), Sutton authored the majority opinion for the Sixth Circuit upholding state bans on in , , , and , emphasizing deference to democratic processes over judicial imposition of evolving social norms. Legal scholar Alan B. Morrison, writing for the , criticized Sutton's invocation of marital tradition as insufficient under , likening it to rejected defenses of bans in (1967) and noting that states had affirmatively entrenched prohibitions via constitutional amendments rather than merely preserving historical forms. Morrison further faulted the opinion's procreation-based justification as overbroad, since it encompassed opposite-sex couples incapable of or uninterested in reproduction, and unsupported by evidence linking marriage recognition to improved child outcomes in opposite-sex unions. LGBTQ-focused publications such as Pride Source echoed dissenting Judge Craig Daughtrey's view that Sutton undervalued the concrete harms to same-sex families, including denial of parental rights and recognition of out-of-state unions, while subordinating minority protections to majority vote—a standard rejected in landmark civil rights precedents. These critiques portrayed the ruling as evading scrutiny despite rapid societal shifts and lower-court findings of irrational . In L.W. v. Skrmetti (September 2023), Sutton penned the Sixth Circuit panel opinion denying preliminary injunctive relief against Tennessee's prohibition on puberty blockers, cross-sex hormones, and genital surgeries for minors with , while also upholding parallel Kentucky restrictions, on grounds that the laws satisfied and reflected legitimate medical policy debates among states. Legal analyst Chris Geidner, in Law Dork, lambasted Sutton for overlooking district court records documenting the therapeutic value of such interventions and legislative records evidencing animus-driven motivations, including organized opposition to visibility. Geidner described the analysis as "judicial cowardice" feigned as restraint, asserting it sanitized targeted restrictions as neutral experimentation despite patterns of state-level measures singling out youth. Geidner additionally contested Sutton's characterization of transgender status as non-discrete for equal protection purposes, arguing it disregarded immutable traits and the laws' practical focus on one subgroup of minors amid concurrent expansions in youth access. rights groups contended the decision perpetuated harm by deferring to contested European policy reversals without weighing U.S.-specific evidence of elevated risks absent treatment. Sutton's 2019 majority opinion in Planned Parenthood Cincinnati Region v. Taft affirmed Ohio's exclusion of entities performing non-therapeutic abortions from non-abortion-related public funding streams, rejecting undue burden claims under Planned Parenthood v. Casey (1992) on the basis that funding conditions targeted providers, not patients' choices. Abortion rights advocates, including Ohio Senator Sherrod Brown, decried the ruling as ideologically driven barriers to comprehensive reproductive health services, potentially reducing access to contraception and cancer screenings for low-income women.

Responses to progressive critiques of federalism

Sutton counters progressive arguments that federalism entrenches inequalities by permitting states to lag behind national standards on civil and social reforms, asserting instead that state sovereignty provides an additional layer of protection against overreaching government authority at any level. In 51 Imperfect Solutions: States and the Making of American Constitutional Law (2018), he describes this dual system as offering citizens a "two-shot" opportunity to vindicate , with state constitutions frequently interpreted to afford broader safeguards than the U.S. requires, thereby enriching rather than undermining the overall framework of liberties. He illustrates this with cases where state courts exceeded federal minima: the Texas Supreme Court, in a series of Edgewood Independent School District decisions from 1989 to 1997, invalidated local property-based school funding disparities under the state constitution's education clause, remedying inequities the U.S. had upheld in San Antonio Independent School District v. Rodriguez (1973). Similarly, the Supreme Court in State v. Hempele (1990) ruled that warrantless searches of curbside garbage violated state privacy rights, diverging from federal tolerance under (1988). The in State v. Walker (2016) further interpreted "unreasonable searches" under the state constitution in light of its 1896 ratification debates, rejecting lockstep adherence to U.S. precedents. These examples rebut claims of federalism's inherent delays in rights expansion, as Sutton documents states pioneering advancements in areas like and funding, often prompting national reevaluation. He argues against "lockstepping"—state courts mirroring federal interpretations—favoring independent state analysis to tailor protections to local contexts, which fosters innovation and avoids the pitfalls of uniform federal mandates that ignore regional differences. In addressing disuniformity critiques, Sutton maintains that state variation yields adaptive outcomes superior to centralized imposition, as evidenced by post-Rodriguez state reforms that equalized school resources without federal coercion. His 2022 essay "21st Century " reinforces this by noting states' superior responsiveness, handling over 83 million civil and criminal cases annually compared to the federal courts' roughly 400,000, enabling nimble policy experimentation where federal processes falter. Sutton cites the U.S. 's deference in Rucho v. Common Cause (2019), which declined to resolve partisan claims, returning such issues to states as "." Ohio's Supreme Court exemplified this by twice invalidating Republican-drawn congressional maps in 2022 under state anti- provisions (Adams v. DeWine; League of Women Voters v. Ohio Redistricting Commission), demonstrating state mechanisms for curbing political excesses absent federal intervention. In Who Decides?: States as Laboratories of Constitutional Experimentation (2022), Sutton extends these defenses, advocating that contentious structural and policy disputes—such as abortion regulations post-Dobbs v. Jackson Women's Health Organization (2022)—belong to state electorates and courts to preserve the U.S. Supreme Court's institutional integrity and allow democratic tailoring over judicial nationalization. This framework, he argues, guards against federal overreach while harnessing state-level accountability to address social issues more effectively than one-size-fits-all decrees.

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