# David Stras *American jurist; United States circuit judge, Eighth Circuit; former justice of the Minnesota Supreme Court* David Ryan Stras (born 1974) is an American jurist who sits as a circuit judge on the [[United States Court of Appeals for the Eighth Circuit]].[^1] Before his federal appointment he held a seat on the [[Minnesota Supreme Court]] from 2010 to 2018. From 2004 to 2010 he taught law at the [[University of Minnesota Law School]].[^1] [[Minnesota]] [[governor]] [[Tim Pawlenty]] named him to the state's high court for a term beginning July 1, 2010. He won a six-year term in the 2012 election.[^9] President Donald Trump nominated him to the Eighth Circuit on May 8, 2017. That nomination was returned and then resubmitted, and the [[United States Senate]] confirmed him by a 56–42 vote on January 30, 2018.[^14] The record assembled for this article consists of a single secondary source, the Wikipedia biography. It does not include the court commissions, Senate roll calls, or the opinions themselves.[^1] ## Early life and education Stras was born in Wichita, Kansas, in 1974. His parents were Jewish American.[^2] He earned a Bachelor of Arts with highest honors from the University of Kansas in 1995. In 1999 he completed a joint JD–MBA through the university's law and business schools.[^3] In law school he served as editor-in-chief of the Criminal Procedure Edition of the *Kansas Law Review*. He received his Juris Doctor with Order of the Coif honors.[^3] ## Legal career After law school, Stras clerked for Judge Melvin Brunetti of the Ninth Circuit from 1999 to 2000. He then clerked for Judge J. Michael Luttig of the Fourth Circuit from 2000 to 2001.[^4] He spent a year in private practice at Sidley Austin's office in Washington, D.C. He then clerked for Justice [[Clarence Thomas]] at the United States Supreme Court from 2002 to 2003.[^4] He held a fellowship at the University of Alabama School of Law from 2003 to 2004. He then joined the University of Minnesota Law School faculty, where he taught from 2004 to 2010. His teaching covered federal courts and jurisdiction, constitutional law, criminal law, and law and politics.[^5] The school gave him its Stanley V. Kinyon Tenure Track Teacher of the Year Award in 2006.[^5] While on the faculty, he was also counsel at Faegre & Bensen and co-director of the Institute for Law and Politics.[^6] His research has addressed judicial pensions, life tenure for judges, judicial appointments, and the politics of courts.[^7] He is a member of the Federalist Society.[^7] Before his appointment to the bench, he appeared frequently as a guest on legal topics on [[Minnesota Public Radio]].[^8] Pawlenty appointed Stras to the Minnesota Supreme Court for a term that began on July 1, 2010. A public swearing-in ceremony followed on July 12.[^9] Voters elected him to a six-year term in 2012.[^9] He was included on Trump's list of potential United States Supreme Court nominees.[^10] ## Federal judicial service ### Nomination and confirmation Trump nominated Stras on May 8, 2017, to the Eighth Circuit seat vacated by Judge [[Diana E. Murphy]]. Murphy had taken senior status on November 29, 2016.[^11] On September 5, 2017, Minnesota Senator Al Franken announced that he would not return his blue slip on the nomination.[^12] The Senate Judiciary Committee held a hearing on the nomination on November 29, 2017.[^12] On January 3, 2018, the nomination went back to the president under Rule XXXI, Paragraph 6 of the Senate's rules.[^13] On January 5, Trump announced that he would renominate Stras, and the new nomination reached the Senate on January 8.[^13] The Judiciary Committee reported it by a 13–8 vote on January 18.[^14] The Senate invoked cloture by a 57–41 vote on January 29 and confirmed Stras by a 56–42 vote on January 30. His judicial commission is dated January 31.[^14] ### Notable opinions On August 23, 2018, Stras filed a concurrence in a challenge to the Federal Housing Finance Agency. The challenge concerned the agency's power to keep Fannie Mae and Freddie Mac in conservatorship. It also concerned the agency's power to require them to pay their full net worth to the United States Treasury each quarter.[^15] Stras wrote that the statute granting the agency that power was textually clear. He also wrote that Congress had "created a monster by handing an agency breathtakingly broad powers and insulating the exercise of those powers from judicial review."[^15] On August 23, 2019, Stras wrote the Eighth Circuit's opinion in a case brought by a Christian videography business. The business had challenged Minnesota's public accommodations law under the First Amendment, and the court ruled in its favor.[^16] The cached source text is cut off before it states what conduct the court held the owners could not be penalized for. The case name and docket are not in the record.[^16] ## Personal life Stras and his wife, Heather Siegel, a social worker, have two children. His paternal grandparents survived the Holocaust; his grandmother came from Hungary and his grandfather from Germany.[^17] ## Selected scholarly works - Stras, David R.; Scott, Ryan W. (2005). *Retaining Life Tenure: The Case for a 'Golden Parachute'*. *Washington University Law Review* 83 (5): 1397–1467.[^18] - Stras, David R.; Scott, Ryan W. (2007). *Are Senior Judges Unconstitutional?* *Cornell Law Review* 92 (3): 453–522.[^18] - Stras, David R. (2007). *Why Supreme Court Justices Should Ride Circuit Again*. *Minnesota Law Review* 91 (6): 1710–51.[^18] ## In the Minnesota record ### Who - David Ryan Stras, born 1974 in Wichita, Kansas.[^2] - Appointed to the Minnesota Supreme Court by Governor Tim Pawlenty.[^9] ### What - Justice of the Minnesota Supreme Court, 2010–2018; elected to a six-year term in 2012.[^1][^9] - Author of the Eighth Circuit opinion of August 23, 2019, which ruled for a business challenging Minnesota's public accommodations law.[^16] ### When - Minnesota Supreme Court term began July 1, 2010; sworn in July 12, 2010.[^9] - Nominated to the Eighth Circuit May 8, 2017; confirmed 56–42 on January 30, 2018; commissioned January 31, 2018.[^11][^14] ### Where - University of Minnesota Law School, 2004–2010; Minnesota Supreme Court, 2010–2018.[^5][^1] ## Notes [^1]: Wikipedia contributors, *David Stras* (rev. 1377796879, retrieved 2026-10-26) — lead: current Eighth Circuit service; Minnesota Supreme Court 2010–2018; University of Minnesota Law School 2004–2010. https://en.wikipedia.org/wiki/David_Stras [^2]: Wikipedia contributors, *David Stras*, "Early life and education" (retrieved 2026-10-26) — birth in 1974 in Wichita, Kansas; parents. https://en.wikipedia.org/wiki/David_Stras [^3]: Wikipedia contributors, *David Stras*, "Early life and education" (retrieved 2026-10-26) — 1995 BA, 1999 JD–MBA, *Kansas Law Review*, Order of the Coif. https://en.wikipedia.org/wiki/David_Stras [^4]: Wikipedia contributors, *David Stras*, "Legal career" (retrieved 2026-10-26) — clerkships with Brunetti, Luttig and Thomas; Sidley Austin. https://en.wikipedia.org/wiki/David_Stras [^5]: Wikipedia contributors, *David Stras*, "Legal career" (retrieved 2026-10-26) — Alabama fellowship; Minnesota professorship 2004–2010; 2006 teaching award. https://en.wikipedia.org/wiki/David_Stras [^6]: Wikipedia contributors, *David Stras*, "Legal career" (retrieved 2026-10-26) — counsel at Faegre & Bensen; co-director, Institute for Law and Politics. https://en.wikipedia.org/wiki/David_Stras [^7]: Wikipedia contributors, *David Stras*, "Legal career" (retrieved 2026-10-26) — research topics; Federalist Society membership. https://en.wikipedia.org/wiki/David_Stras [^8]: Wikipedia contributors, *David Stras*, "Legal career" (retrieved 2026-10-26) — guest appearances on Minnesota Public Radio. https://en.wikipedia.org/wiki/David_Stras [^9]: Wikipedia contributors, *David Stras*, "Legal career" (retrieved 2026-10-26) — Pawlenty appointment; July 1, 2010 term start; July 12 swearing-in; 2012 election. https://en.wikipedia.org/wiki/David_Stras [^10]: Wikipedia contributors, *David Stras*, "Legal career" (retrieved 2026-10-26) — inclusion on Trump's list of potential Supreme Court nominees. https://en.wikipedia.org/wiki/David_Stras [^11]: Wikipedia contributors, *David Stras*, "Federal judicial service" (retrieved 2026-10-26) — May 8, 2017 nomination; Murphy vacancy; November 29, 2016 senior status. https://en.wikipedia.org/wiki/David_Stras [^12]: Wikipedia contributors, *David Stras*, "Federal judicial service" (retrieved 2026-10-26) — Franken blue-slip announcement of September 5, 2017; November 29, 2017 hearing. https://en.wikipedia.org/wiki/David_Stras [^13]: Wikipedia contributors, *David Stras*, "Federal judicial service" (retrieved 2026-10-26) — January 3, 2018 return under Rule XXXI; January 5 and January 8 renomination. https://en.wikipedia.org/wiki/David_Stras [^14]: Wikipedia contributors, *David Stras*, "Federal judicial service" (retrieved 2026-10-26) — 13–8 committee vote, 57–41 cloture vote, 56–42 confirmation vote; January 31 commission. https://en.wikipedia.org/wiki/David_Stras [^15]: Wikipedia contributors, *David Stras*, "Notable opinions" (retrieved 2026-10-26) — August 23, 2018 concurrence in the FHFA case and quoted language. https://en.wikipedia.org/wiki/David_Stras [^16]: Wikipedia contributors, *David Stras*, "Notable opinions" (retrieved 2026-10-26) — August 23, 2019 opinion on Minnesota's public accommodations law (section text truncated). https://en.wikipedia.org/wiki/David_Stras [^17]: Wikipedia contributors, *David Stras*, "Personal life" (retrieved 2026-10-26) — marriage, children, grandparents. https://en.wikipedia.org/wiki/David_Stras [^18]: Wikipedia contributors, *David Stras*, "Selected scholarly works" (retrieved 2026-10-26) — bibliographic details of three articles. https://en.wikipedia.org/wiki/David_Stras