Tell us about your community growing up. Looking back, how did they shape who you are now?

I was basically raised on a campus. Both of my parents were college professors who encouraged not only intellectual curiosity but intellectual innovation and creativity. A common motto in my house was to “question authority,” a value I carry with me today. It was not uncommon to see me at office hours and lectures. I was also quite fortunate to travel with my mother when she gave talks at various universities so seeing a black woman command an audience was the norm for me, which empowers me to this day.

I also grew up in a family with a deep appreciation for the arts, which has also shaped me. I have always had some artistic outlet, which I find to be therapeutic, particularly in a profession that values predictability over creativity. 

Describe your journey to law school. What motivated you to enroll?

I had an interdisciplinary major in undergrad, Communications, Legal Institutions, Economics, and Government, so I was exposed to the law as an undergrad. But I did not grasp what law practice looked like until I worked at a non-profit consumer rights organization called Public Citizen after college. I graduated during a recession and it was difficult to find a job so I initially got my foot in the door as the mail room supervisor. Part of my job was to print legal briefs for Public Citizen’s Litigation Group and it was there that I was introduced to appellate advocacy. I always made extra copies for myself to take home and would do a deep dive into the briefs. I loved not only the substance but the way in which appellate briefs are organized. It felt like a new way of organizing information in my head and everything about it clicked. After a few months I was able to transfer positions and joined the communications department. My supervisors knew I was interested in litigation so I was often staffed on doing legal communications, which solidified my interest in appellate public interest work.

What was your law school experience like?

I went to the best law school in the country: Howard University School of Law. I attended a predominately white institution for undergrad and shifting to an HBCU for law school was a dream. From the moment I was accepted, I was surrounded by support and a deep sense of community. My classmates and professors were brilliant but the best attribute of HUSL was the rich history of social engineers, and a community of alumni that is truly unparalleled. As cliche as it sounds, HUSL is a family. I found it particularly helpful in building confidence post law school. So many lawyers see high-ranked elite law schools as the gold standard for legal education, which I view as a disservice to a profession already consumed by arbitrary performance metrics. Having a top-notch legal education combined with a supportive learning environment helped give me the confidence I needed to succeed. I cannot imagine starting my career anywhere else.

Did you know about appellate work in law school? If not, when and how did it first get on your radar and why were you drawn to it?

I knew prior to law school I wanted to do appellate work. I am neurodiverse and am drawn to details so the organization and structure of appellate issues has always been my happy place. I also love how appellate work encourages the exploration of nuance and creativity in legal arguments. Appellate victories are often incremental and narrow in scope but they also lay the groundwork for generations, which I find thrilling. I also love the predictability of the work. While there is an occasional emergency that can arise, for the most part appellate work is steady and predictable, which allowed for a much more stable work-life balance.

Tell us about one of your appellate cases that you found particularly meaningful.

Cooper Tire & Rubber v. NLRB, which I argued before the Eight Circuit in 2017, will always be special to me. The employer had discharged a worker who had made inappropriate statements while on a picket line and argued, with strong support from business groups such as the Chamber of Commerce and the National Association of Manufacturers, that it was nearly impossible for employers to comply with the National Labor Relations Act and anti-discrimination laws because the NLRA’s protected scope is too broad. The Eighth Circuit disagreed and enforced the Board’s long-standing legal standard that gave workers strong workplace protection from discipline based on off-duty and off-site conduct, such as on a picket line.

How often do you encounter other LGBTQ+ attorneys, particularly those of color, in the appellate field? Why do you think that representation is important?

I have argued dozens of cases in various federal courts of appeals and, to my knowledge, I have never encountered another queer attorney of color. In fact, I was often the only attorney of color at all in the courtroom. Every once in awhile there would be a case after mine that had an attorney of color, but it was rare. And it’s difficult. I once had an experienced white male litigator representing an employer give me “advice” prior to the argument that was clearly intended to intimidate me. He also assumed I did not know anything about the panel composition, which was bizarre. By that time I had not only clerked in the same courthouse, but had ten or so arguments under my belt. I thanked him politely but confidently so he knew I was not open to his passive aggressive advice. I remember there was a judicial law clerk of color watching the exchange and when we got eye contact, I knew that she knew exactly what had just happened. I am still proud that I could be that person for her. I deserved to be there and take up space.

What advice would you give to a law student of color who aspires to be where you are now?

I would strongly suggest looking at government positions. Fewer and fewer cases go to trial at all and even fewer are appealed after trial, which means appellate work is quite sparse in private practice. Government appeals, however, are steady and more positions are available to focus exclusively on appellate practice. I would also suggest new attorneys broaden their idea of purely appellate work. Many private firms combine complex motion practice with appellate practice for a reason - there is a lot of overlap. There is also overlap in the administrative law space where agency decisions are reviewed by district courts.

What’s one thing law schools and/or the appellate bar can do to ensure our highest courts are representative of all our communities?

One crucial thing law school can do is to support clinical appellate programs. There are many spaces in which there is a need for representation and no private bar to meet those needs because to put it simply, it is hard to make money on those types of cases. Allowing law students to fill some of those gaps not only is a benefit for potential clients, but it is valuable appellate experience for students. Another area of improvement is a dedicated commitment not only to increasing diversity on the front end - hiring - but throughout an attorney’s appellate career.