With judicial nomination of Whitney Hermandorfer, Trump commits to rule of law

Yahoo

14-05-2025

President Trump notably won over many hesitant voters because of his commitment to taking judicial appointments seriously. His first judicial nomination of the new term is already making waves—and for all the right reasons.
Whitney Hermandorfer, a brilliant lawyer and my former colleague, has been nominated to the United States Court of Appeals for the Sixth Circuit. For those who care about constitutional fidelity, separation of powers, and the integrity of the judiciary, this is more than a strong start—it's a signal.
Hermandorfer is exactly the kind of judge we need more of: intellectually rigorous, temperamentally grounded, and deeply committed to the Constitution as written. She's not a headline-chaser or ideological crusader. She's a careful lawyer with a sterling record of public service and a deep understanding of the proper role of the judiciary.
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After clerking for then-Judge Leon on the D.C. District Court, for then-Judge Brett Kavanaugh on the D.C. Circuit Court of Appeals, and then for Justices Sam Alito and Amy Coney Barrett at the Supreme Court, Hermandorfer spent several years in private practice at the prestigious law firm of Williams and Connolly before returning to public service in her home state of Tennessee.
In an age when the courts are too often seen as super legislatures, her brand of humility and excellence is not only refreshing—it's essential.
I had the privilege of working alongside Hermandorfer during her time at the Attorney General's Office in Tennessee. Whether tackling thorny constitutional questions, shepherding high-stakes litigation, or advising on complex legal policy, she brought the same qualities to bear: sharp analytical insight, humility, and an unyielding respect for the rule of law.
She is not swayed by political expediency or cultural trends. She is, in the best sense, a lawyer's lawyer—and soon, she'll be a judge's judge.
Hermandorfer's selection suggests that President Trump understands not only what is at stake, but how to meet the moment. The conservative legal movement is not about policy activism in robes. It is about restoring a proper understanding of the judiciary: to say what the law is, not what the law should be.
This is not just theory. The judiciary's role in preserving our constitutional order has become more urgent in recent years. We've seen executive agencies issue sweeping mandates untethered from clear statutory authority. We've watched courts get pulled into partisan disputes better resolved through elections. And we've witnessed the erosion of the nondelegation doctrine, the encroachment of federal power into state prerogatives, and the slow drift away from textualist interpretation. Judges like Hermandorfer are an antidote to all of this.
As a Tennessean, I'm proud to see someone from our region take on this important role. Hermandorfer will replace Judge Jane Branstetter Stranch who, although more ideologically to the left, still warrants praise for her commitment to public service and intellectual rigor.
Hermandorfer will continue that legacy. She represents the best of the legal profession in the South: principled, capable, and constitutionally grounded. She will be fair, but firm. Thoughtful, but decisive. And above all, she will bring integrity to the bench.
At a time when so much of our legal and political culture feels unstable, the judiciary must be a source of steadiness—not activism, not outrage, not partisanship. With this nomination, President Trump is off to a strong start. If Whitney Hermandorfer is any indication of what's to come, the future of the federal judiciary—and of the Constitution itself—looks a little brighter.
Brandon Smith is a partner at Holtzman Vogel, based in Nashville, and a former Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General's Office. He is also a former senior policy and legal advisor to Governors Sam Brownback and Matt Bevin.
This article originally appeared on Nashville Tennessean: Trump's first judicial pick shows commitment to rule of law | Opinion