The Honorable Jeffrey S. Sutton

Adjunct Professor


  • B.A., Williams College, 1983
  • LL.B., The Ohio State University, 1990
Related Links:

The Honorable Jeffrey S. Sutton serves on the United States Court of Appeals for the Sixth Circuit.

Judge Sutton was previously a partner with the law firm of Jones Day and served as State Solicitor of the State of Ohio. In his career as an advocate, he argued twelve cases in the United States Supreme Court and numerous cases in the state supreme courts and federal courts of appeal. He also was a law clerk to the Honorable Lewis F. Powell, Jr. (Ret.), the Honorable Antonin Scalia, and the Honorable Thomas J. Meskill.

From 2012 to 2016, Judge Sutton served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure. He has also served on the Advisory Committee on Appellate Rules, appointed first by Chief Justice Rehnquist in 2005 and subsequently as Chair by Chief Justice Roberts in 2009. Since 2006, Judge Sutton has been a member of the American Law Institute and he currently serves on their Executive Council.

Judge Sutton has authored books and articles on a wide variety of topics, including many on state constitutional law and federalism. These include:


THE LAW OF JUDICIAL PRECEDENT, with Bryan A. Garner, Carlos Bea, Rebecca White Berch, Neil M. Gorsuch, Harris L. Hartz, Nathan L. Hecht, Brett M. Kavanaugh, Alex Kozinski, Sandra L. Lynch, William H. Pryor, Jr., Thomas M. Reavley, and Diane Wood (2016)

STATE CONSTITUTIONAL LAW: THE MODERN EXPERIENCE, Second Edition, with Randy Holland, Stephen McAllister, and Jeffrey Shaman (2015)

STATE CONSTITUTIONAL LAW: THE MODERN EXPERIENCE, First Edition, with Randy Holland, Stephen McAllister, and Jeffrey Shaman (2010)

Bold and Persistent Reform: The 2015 Amendments to the Federal Rules of Civil Procedure and the 2017 Pilot Projects, with Derek A. Webb, JUDICATURE , Autumn 2017, at 13.

State Constitutions in the United States Federal System, 77 OHIO ST. L.J. 195 (2016)

Courts as Change Agents: Do We Want More Or Less? 127 HARV. L. REV. 1419 (2014)

Courts, Rights, and New Technology: Judging in an Ever-Changing World, 8 N.Y.U. J.L. & LIBERTY 261 (2014)

A Dialogue with Federal Judges on the Role of History in Interpretation, with Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow, Reena Raggi, and Diane P. Wood, 80 GEO. WASH. L. REV. 1889 (2012)

Hallows Lecture: Barnette, Frankfurter, and Judicial Review, 96 MARQ. L. REV. 133 (2012)

Hon. David A. Nelson U.S. Court of Appeals for the Sixth Circuit, 58 FED. LAW. 24 (2011)

What Does‚ And Does Not‚ Ail State Constitutional Law, 59 KAN. L. REV. 687 (2011)

The Role of History in Judging Disputes about the Meaning of the Constitution, 41 TEX. TECH. L. REV. 1173 (2009)

Why Teach‚ And Why Study State Constitutional Law, 34 OKLA. CITY UNIV. L. REV. 165 (2009)

San Antonio Independent School District v. Rodriguez and Its Aftermath, 94 VA. L. REV. 1963 (2008)

An Appellate Perspective on Federal Sentencing after Booker and Rita, 85 DENV. U. L. REV. 79 (2007)

The Ohio Voucher Program, 10 GEO. MASON U. C.R. L.J. 151 (1999)

Measuring Damages under the United Nations Convention on the International Sale of Goods, 50 OHIO ST. L.J. 737 (1989)