Jonathan Franklin Mitchell

URL https://Persagen.com/docs/jonathan_f_mitchell.html
Sources Persagen.com  |  Wikipedia  |  other sources (cited in situ)
Source URL https://en.wikipedia.org/wiki/Jonathan_F._Mitchell
Date published 2021-09-28
Curation date 2021-09-28
Curator Dr. Victoria A. Stuart, Ph.D.
Modified
Editorial practice Refer here  |  Date format: yyyy-mm-dd
Summary Jonathan F. Mitchell is an American attorney and former government official. Mitchell has helped to author anti-abortion bills. In 2021, the U.S. Supreme Court issued an order declining to block a Texas anti-abortion bill, which effectively banned abortion in the state, from going into effect pending the resolution of constitutional challenges against the law.
Related
  • Christian right
  • Supreme Court of the United States
  • Heartbeat bill, U.S. abortion restriction legislation which makes abortions illegal as soon as the embryonic or fetal heartbeat can be detected.

  • The Texas Heartbeat Act of 2021, introduced as Senate Bill 8 (SB 8) and House Bill 1515 (HB 1515) on March 11, 2021, and was signed into law by Governor Greg Abbott on 2021-05-19. It is the first six-week abortion ban in the United States, and the first of its kind to rely on enforcement by private individuals through civil lawsuits, rather than by the government through criminal or civil enforcement. The Act establishes a system in which members of the public can sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages.

Comment Show
Keywords Show
Named entities Show
Ontologies Show
Jonathan Franklin Mitchell
jonathan_f_mitchell.webp
Image source.
 
Professional / Career Details
 
Name Jonathan Franklin Mitchell
Description 5th Solicitor General of Texas (2010-12-10 to 2015-01-05)
Profession
Employment
history
Show
 
Personal Details
 
Name Jonathan Franklin Mitchell
Disambiguation Not (same name; similar background):
Born 1976-09-02
Birthplace Upland, Pennsylvania, U.S.A.
Parents
Spouse Anne E. Mitchell (née Hurd; born 1977-01-24), Everett, WA
Siblings
  • Brother(s): 6 (Jonathan Mitchell the oldest of 7 brothers)
Known residences
Education
Affiliations
Religion Christian (devout)
Ideology
  • anti-abortion
  • Christian right
Contents

Background

Jonathan Franklin Mitchell (born September 2, 1976) is an American attorney and former government official. From 2010 to 2015, he was the Solicitor General of Texas. Jonathan F. Mitchell has argued four cases before the Supreme Court of the United States, and authored more than one hundred briefs.

Jonathan F. Mitchell has helped to author anti-abortion bills. In 2021, the U.S. Supreme Court issued an order declining to block a Texas anti-abortion bill, which effectively banned abortion in the state, from going into effect pending the resolution of constitutional challenges against the law.

Early life and Education

Jonathan F. Mitchell was raised in religious Christian home in Pennsylvania. Jonathan F. Mitchell had six brothers. Jonathan F. Mitchell attended Wheaton College, an Evangelical liberal arts college in Illinois. Mitchell received a Juris Doctor from the University of Chicago Law School in 2001. Jonathan F. Mitchell was an articles editor of the University of Chicago Law Review, and is a member of Order of the Coif.

Career

After graduating from law school, he clerked for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit, from 2001 to 2002, and for Justice Antonin Scalia of the Supreme Court of the United States from 2002 to 2003. After clerking, he served as an attorney-adviser in the Office of Legal Counsel of the United States Department of Justice. Jonathan F. Mitchell was appointed as Solicitor General of Texas in 2010. Jonathan F. Mitchell was a Visiting Fellow at the Hoover Institution from 2015 to 2016.

After his tenure as Solicitor General of Texas, Jonathan F. Mitchell sought out academic appointments, but failed to find a tenure track position. After Donald Trump became president, Mitchell sought positions in the Donald Trump administration. Trump unsuccessfully nominated Mitchell to serve as the chairman of the Administrative Conference of the United States (ACUS). In 2018, Mitchell created State Bar of Texas entry  |  LinkedIn.com , local copy].

In 2016, the Supreme Court of the United States struck down a Texas anti-abortion bill that Jonathan F. Mitchell helped to write. In 2021, an increasingly conservative Supreme Court issued an order declining to block a Texas anti-abortion bill (the Texas Heartbeat Act of 2021) from going into effect, pending the resolution of constitutional challenges to the bill, which defied Roe v. Wade. The challenged Texas bill de facto banned abortion in the state of Texas.

Jonathan F. Mitchell has argued cases and written briefs before the Supreme Court of the United States. In an amicus curiae brief for Dobbs v. Jackson Women's Health Organization, Mitchell and a colleague argue that overturning Roe v. Wade could lead to the reversal of other "lawless" court decisions such as those establishing a right to same-sex marriage.

Publications

  • The Writ-of-Erasure Fallacy, 104 Va. L. Rev. 934 (2018).

  • Textualism and the Fourteenth Amendment, 69 Stan. L. Rev. 1237 (2017).

  • Remembering the Boss, 84 U. Chi. L. Rev. 2291 (2017).

  • Commentary, Capital Punishment and the Courts, 120 Harv. L. Rev. Forum 269 (2017).

  • Judicial Review and the Future of Federalism, 49 Ariz. St. L. J. 1091 (2017).

  • Stare Decisis and Constitutional Text, 110 Mich. L. Rev. 1 (2011).

  • Reconsidering Murdock: State-Law Reversals as Constitutional Avoidance, 77 U. Chi. L. Rev. 1335 (2010).

  • Legislating Clear-Statement Regimes in National-Security Law, 43 Ga. L. Rev. 1059 (2009).

  • Apprendi's Domain, 2006 Sup. Ct. Rev. 297.


  • Additional Reading

  • [📌 pinned article] Mitchell, Jonathan F. (2018) The Writ-of-Erasure Fallacy. 104 Virginia Law Review [Va. L. Rev.] 933.  |  local copy


  • [Vox.com, 2021-11-29] How the Supreme Court could overrule Roe v. Wade without overruling Roe v. Wade.  Dobbs v. Jackson Women's Health Organization is an existential threat to Roe - even if the Court doesn't use the words "Roe v. Wade is overruled."

  • [Truthout.org, 2021-10-18] DOJ Will Ask Supreme Court to Place Stay on Texas's 6-Week Abortion Ban

  • [CommonDreams.org, 2021-10-09] 'Stop This Madness': Outrage After Appeals Court Reinstates Texas Abortion Ban.  Packed with Trump appointees, the 5th Circuit's ruling was denounced as "unconscionable" by reproductive rights advocates. Reproductive rights advocates lashed out overnight following a ruling by the 5th Circuit Court of Appeals which reinstated a near-total ban on abortion in Texas just days after a separate federal court had placed the state's law on hold pending final judicial review, most likely by the U.S. Supreme Court. ...

  • [CTVNews.ca, 2021-10-06] Judge orders Texas to suspend new law banning most abortions.

  • [NYTimes.com, 2021-09-12] Behind the Texas Abortion Law, a Persevering Conservative Lawyer.

  • [DCReport.org, 2021-09-28] Jonathan F. Mitchell: Meet the Most Dangerous Man in America.  If You're a Woman, Gay, Trans or Just About Anyone but a Gun-Totting White Male, He Wants to Take Away Your Rights ... and, So Far, He's Winning.

  • [CommonDreams.org, 2021-09-18] Architect of Texas Abortion Ban Takes Aim at LGBTQ+ Rights While Urging Reversal of Roe.  "Make no mistake, the goal is to force extreme, outdated, religious-driven values on all of us through the courts."  |  "... women can 'control their reproductive lives' without access to abortion; they can do so by refraining from sexual intercourse" -- Jonathan Mitchell  |  "All anti-LGBTQ and anti-choice views stem from the same desire to control bodies." -- Zack Ford,   Alliance for Justice

  • [NYTimes.com, 2021-09-12] Behind the Texas Abortion Law, a Persevering Conservative Lawyer.  Jonathan Mitchell has never had a high profile in the anti-abortion movement, but he developed and promoted the legal approach that has flummoxed the courts and enraged abortion rights supporters.


  • Return to Persagen.com