Neomi Rao

On April 7, 2017, President Donald Trump nominated Rao to become the administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget. Former OIRA Administrator Susan Dudley (who served under President George W. Bush) described Rao as "an excellent choice to lead OIRA...In addition to a sharp legal mind, she brings an openness to different perspectives and an ability to manage the competing demands of regulatory policy."[10] Legal commentator and law professor Jonathan H. Adler wrote that "Trump's selection of Rao suggests the administration is serious about regulatory reform, not merely reducing high-profile regulatory burdens."[2] Rao was confirmed to the position by the United States Senate on July 10, 2017.[11]

On November 13, 2018, President Trump announced that he would nominate Rao to the seat Brett Kavanaugh previously occupied on the United States Court of Appeals for the District of Columbia Circuit before he was elevated to the Supreme Court of the United States.[12] Her nomination was sent to the Senate later that day.[13] On January 3, 2019, her nomination was returned to the President under Rule XXXI, Paragraph 6, of the United States Senate. On January 23, 2019, President Trump announced his intent to renominate Rao for a federal judgeship.[14] Her nomination was sent to the Senate later that day.[15]

Rao's nomination attracted some opposition due to some of her college writing on race, sexual assault, and feminism.[16] In response, Rao publicly apologized for these writings.[17] A hearing on her nomination before the Senate Judiciary Committee was held on February 5, 2019. Rao was asked by several Senators about her college writings, some of which they viewed as sexual assault victim blaming. Rao responded that "A victim of a horrible crime is not to blame and the person who commits those crimes should be held responsible."[18] Democrats expressed concern that rules Rao worked to repeal in her role as administrator of the White House Office of Information and Regulatory Affairs could face legal challenges and wind up before the D.C. Circuit Court of Appeals, which is considered the second most powerful appeals court. Rao said she would "look carefully at the standards for recusal, consult with her colleagues and follow the precedent and practices of the D.C. Circuit."[18] Republican Senator Josh Hawley questioned whether she was sufficiently socially conservative regarding abortion rights but ultimately voted for her confirmation.[19] On February 28, 2019, her nomination was reported out of committee by a 12–10 party-line vote.[20] On March 13, 2019, the Senate voted to confirm Rao by a 53–46 party-line vote. She received her judicial commission on March 18, 2019.

In an October 11, 2019, opinion of a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, Rao was the dissenter in a 2-1 ruling to affirm a district court ruling supporting a congressional subpoena for President Trump's records from accounting firm, Mazars.[21] Her opinion stated, "allegations of illegal conduct against the president cannot be investigated by Congress except through impeachment." [22]

Rao participated in the May 2020 appeal of Judge Emmett Sullivan's actions appointing amicus curiae in response to the Department of Justice moving to dismiss charges in United States of America v. Michael T. Flynn. The Appeals Court initially ordered Judge Sullivan to file a response regarding the appeal within 10 days.[23][24][25] On June 24, 2020, Rao wrote the 2-1 decision to dismiss the conviction of Flynn, joined by Judge Karen Henderson and with the dissent from Judge Robert Wilkins.[26]