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Rachel Bloomekatz is a principal at Gupta Wessler PLLC, where she focuses on Supreme Court, appellate, and complex litigation.
Rachel is a former law clerk to Justice Stephen Breyer of the U.S. Supreme Court, Chief Justice Margaret Marshall of the Massachusetts Supreme Judicial Court, and Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit. Her practice is informed by these clerkship experiences and extensive appellate experience in the public and private sectors.
Rachel has argued constitutional issues and complex appeals in state and federal appellate courts nationwide and regularly practices before the U.S. Supreme Court. She has handled cases on a wide range of issues, including class actions, workers’ rights, immigrants’ rights, juvenile justice, public health, and voter protection. She also serves as an advisor to a number of progressive candidates and officeholders, and was the Legal Director for U.S. Senator Sherrod Brown’s 2012 re-election campaign.
Highlights of Rachel’s experience include:
Successfully briefed and argued an Ohio Supreme Court appeal challenging the 112-year sentence of a juvenile defendant on Eighth Amendment grounds. Former Judge and Ohio Supreme Court expert Marianna Brown Bettman reported:
Moore’s counsel, Rachel Bloomekatz was absolutely spectacular—one of the best oral arguments I have heard. She took control of the argument right from the outset, carefully led the court away from the procedural hurdles, defined the jurisprudential issue for the court as requiring a juvenile non-homicide offender (which she repeatedly emphasized) a meaningful opportunity for release, and stayed on message throughout. She was clear, articulate, focused, and totally non-defensive, even in the light of some very tough questioning.
Advised the City of Detroit on the reorganization of health care policies and the intricacies of the Affordable Care Act so as to maintain coverage for City retirees despite the City’s bankruptcy.
In the litigation following the BP Deep Water Horizon Oil Spill, defended class settlement administrator consultant Brown Greer from attempts by BP to discredit its work administering settlements to individuals and businesses harmed by the oil spill.
Served as counsel to dozens of detained mothers and children in immigration detention in Artesia, New Mexico, and was the first attorney to obtain release for immigrant children there under a novel theory using a class-action settlement against the Immigration and Naturalization Service from the 1990s.
Briefed and argued an appeal in a complex contracts matter in the U.S. Court of Appeals for the Third Circuit, obtaining reversal of decisions by the bankruptcy court and district court.
In an environmental-protection and tax dispute, briefed critical administrative-law issues in the Ohio Supreme Court regarding a regional sewer district’s authority to implement a comprehensive stormwater plan.
On behalf of women’s and veterans’ groups, filed a brief asking the U.S. Supreme Court to overturn the Feres doctrine, which prevents military families from obtaining medical-malpractice recovery for birth injuries sustained by children of active duty mothers (but not fathers) at military hospitals.