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President Bill Clinton nominated Cole to a seat on the United States Court of Appeals for the Sixth Circuit on June 29, 1995, to replace Judge Nathaniel R. Jones, who assumed senior status on May 13, 1995. Although Republicans controlled the United States Senate at that time, Cole's nomination was considered uncontroversial. The Senate Judiciary Committeeunanimously recommended Cole's confirmation on October 26, 1995. The Senate unanimously confirmed Cole by a voice vote on December 22, 1995. He received his commission on December 26, 1995. Cole served as Chief Judge from August 15, 2014, to May 1, 2021. On December 10, 2021, he announced his intent to assume senior status upon confirmation of a successor. He assumed senior status on January 9, 2023.
Notable cases
On January 5, 2022, Cole partially dissented in a 2-1 decision that upheld an injunction against an executive order requiring federal contractors to ensure that their workers get the COVID-19 vaccine.