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In 2005, Rushing was a law student intern at the Alliance Defending Freedom (ADF), a conservative Christian nonprofit organization. Rushing wrote or co-wrote several amicus briefs on behalf of ADF and spoke at a number of ADF events. ADF has been criticized for opposing LGBT rights. In 2007, Rushing had a summer law clerkship with the Department of Justice.
From 2009 to 2010, Rushing was an associate at Williams & Connolly in Washington, D.C. She clerked for Associate Justice Clarence Thomas of the Supreme Court of the United States during the 2010–2011 term. Following the end of her clerkship in 2011, Rushing rejoined Williams & Connolly in its Washington, D.C. office under Kannon Shanmugam. Rushing became a member of the Federalist Society in 2012. She volunteered as a legal advisor to Mitt Romney's 2012 presidential campaign. Rushing was named partner at Williams & Connolly in January 2017. After being appointed to the Fourth Circuit, she left Williams & Connolly.
Federal judicial service
U.S. Senate Judiciary Committee hearing
On August 27, 2018, President Donald Trump announced his intent to nominate Rushing to serve as a United States Circuit Judge of the United States Court of Appeals for the Fourth Circuit. Her official nomination was received on the same day by the United States Senate. She was nominated to the seat being vacated by Allyson K. Duncan, who previously announced her intention to assume senior status upon the confirmation of her successor. On October 17, 2018, a hearing on her nomination was held before the Senate Judiciary Committee. Rushing has argued that there are "both moral and practical" reasons to ban same-sex marriage. During Rushing's confirmation hearing, she was questioned about her ties to the ADF. Rushing was asked if she would recuse herself from ADF-related cases if confirmed. She replied: "I would determine the appropriate action with the input of the parties, consultation of these rules and ethical canons, and consultation with my colleagues." Asked about ADF being labeled a "hate group" by the Southern Poverty Law Center, Rushing said: "Hate is wrong, and it should have no place in our society. In my experience with ADF, I have not witnessed anyone expressing or advocating hate."
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 Rushing for a federal judgeship. Her nomination was sent to the Senate later that day. On February 7, 2019, her nomination was reported out of committee by a 12–10 vote. On March 4, 2019, the Senate invoked cloture on her nomination by a 52–43 vote. On March 5, 2019, Rushing was confirmed by a 53–44 vote. At the time of her confirmation, she was the youngest federal judge in the United States. Rushing received her judicial commission on March 21, 2019.
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