David Ryan Stras

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American federal circuit judge (born 1974)

David Ryan Stras (born July 4, 1974)

is an American lawyer and jurist serving as a United States circuit judge of the United States Court of Appeals for the Eighth Circuit . He was a justice of the Minnesota Supreme Court from 2010 to 2018 and a law professor at the University of Minnesota Law School from 2004 to 2010.

Early life and education

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Stras was born in 1974 in Wichita, Kansas to Jewish American parents.

He graduated from the University of Kansas in 1995 with a Bachelor of Arts with highest honors. He then jointly attended the University of Kansas's School of Law and School of Business, receiving a JD–MBA in 1999. As a law student, Stras was editor-in-chief of the Criminal Procedure Edition of the _Kansas Law Review _. He received his Juris Doctor with Order of the Coif honors.

Legal career

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Stras was a law clerk for Judge Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit from 1999 to 2000, then for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit from 2000 to 2001. After spending a year in private practice at the Washington, D.C. office of Sidley Austin , Stras clerked for Justice Clarence Thomas of the United States Supreme Court from 2002 to 2003.

Stras was a fellow at the University of Alabama School of Law from 2003 to 2004. From 2004 to 2010, he was a professor of law at the University of Minnesota Law School , teaching and writing in the areas of federal courts and jurisdiction , constitutional law , criminal law , and law and politics. He won the law school's Stanley V. Kinyon Tenure Track Teacher of the Year Award in 2006. While on the faculty of University of Minnesota Law School, he was also a counsel at Faegre & Bensen . Stras also served as co-director of the Institute for Law and Politics . He has contributed to research on such topics as judicial pensions and life tenure for judges. Stras has also studied judicial appointments and the politics of courts. He is a member of the Federalist Society .

Minnesota Governor Tim Pawlenty appointed Stras to the Minnesota Supreme Court with his term beginning on July 1, 2010. He was sworn in on July 12 in a public ceremony. Stras was elected to a six-year term in 2012. Before his appointment, he was a frequent guest on legal topics at Minnesota Public Radio . He was on President Donald Trump 's list of potential Supreme Court nominees.

Federal judicial service

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Nomination and confirmation

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On May 8, 2017, President Donald Trump nominated Stras to a seat on the United States Court of Appeals for the Eighth Circuit vacated by Judge Diana E. Murphy , who assumed senior status on November 29, 2016.

On September 5, 2017, Minnesota Senator Al Franken announced that he would not return his blue slip for Stras. On November 29, 2017, a hearing was held on his nomination before the Senate Judiciary Committee .

On January 3, 2018, his nomination was returned to the president under Rule XXXI, Paragraph 6 of the United States Senate . On January 5, Trump announced his intent to renominate Stras to a federal judgeship. On January 8, his renomination was sent to the Senate . On January 18, his nomination was reported out of committee by a 13–8 vote. On January 29, the Senate invoked cloture on his nomination by a 57–41 vote.

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• On August 23, 2018, Stras wrote a concurring opinion in a case challenging the Federal Housing Finance Agency 's ability to hold Fannie Mae and Freddie Mac in conservatorship and require that they pay their entire net worth to the United States Treasury every quarter. Stras argued that, while the statutory provision giving the FHFA such power was textually clear, Congress had "created a monster by handing an agency breathtakingly broad powers and insulating the exercise of those powers from judicial review."

• On August 23, 2019, Stras wrote an opinion for the Eighth Circuit ruling in favor of a Christian videography business challenging Minnesota's public accommodations law under the First Amendment. …