Judge Jeffrey Bryan has a long history in the Minnesota legal community, having practiced law here for over a decade and then spent another decade as a state court judge. Bryan is now poised to join the federal bench.
Background
Bryan was born in El Paso, Texas, on April 16, 1976. Bryan attended the University of Texas at Austin, receiving a B.A. in 1998. He then attended Yale University Law School, graduating in 2002.
After graduation, Bryan clerked for Judge Paul Magnuson on the U.S. District Court for the District of Minnesota. He then joined the Minneapolis office of Robins Kaplan LLP as an associate. In 2007, Bryan left the firm to become a federal prosecutor with the U.S. Attorney’s Office for the District of Minnesota.
In 2013, Democratic Governor Mark Dayton appointed Bryan to a seat on the 2nd Judicial District of Minnesota, which covers Ramsey County (St. Paul).
In 2019, Governor Tim Walz appointed Bryan to the Minnesota Court of Appeals to replace Judge Heidi Schellhas. He continues to serve on that court to this day.
History of the Seat
Bryan has been nominated for a seat on the U.S. District Court for the District of Minnesota to replace Judge John Tunheim, who will take senior status upon appointment of a successor.
Legal Career
Bryan began his legal career as an associate at Robins Kaplan LLP, where he worked on complex civil litigation. However, Bryan also represented indigent clients as part of appointments as a Special Assistant Public Defender. See, e.g., State v. Fenning, No. A04-275 (Minn. Ct. App. 2005).
In 2007, Bryan shifted to become a federal prosecutor with the U.S. Attorney’s Office for the District of Minnesota, where he worked on white collar, gang, and drug trafficking cases. See, e.g., United States v. Mims, 567 F. Supp. 2d 1059 (D. Minn. 2008). Bryan also argued cases before the Eighth Circuit. See, e.g., United States v. Ybarra, 580 F.3d 735 (8th Cir. 2009) (affirming conviction for conspiracy to distribute marijuana).
Jurisprudence
Bryan was appointed to be a District Court judge in St. Paul by Governor Mark Dayton in 2013 to replace Judge J. Thomas Mott. In this role, he served as a primary trial judge, supervising criminal and civil cases. Bryan also served at Co-Chair of the Ramsey County Juvenile Detention Alternatives Initiative.
In 2019, Governor Tim Walz appointed Bryan to the Minnesota Court of Appeals, replacing Judge Heidi Schellhas, and Bryan has served on the court since. Of his recent opinions from the Court of Appeals, Bryan reversed a district court decision denying a motion for postconviction relief, finding that the district court had erred in finding that the claim was procedurally barred. See Edwards v. State, No. A22-1221 (Minn. Ct. App. 2023).
Writings
In 2006, Bryan authored an article discussing the intersection of feminism and Christianity. See Jeffrey M. Bryan, Sexual Morality: An Analysis of Dominance Feminism, Christian Theology, and the First Amendment, 84 U. Det. Mercy L. Rev. 655 (2006-2007). Specifically, Bryan discusses the role of Christian feminists in narrowing a gap between Christianity and feminism, and outlines points of convergence that can be found. See id.
Overall Assessment
Senator Amy Klobuchar has had a significant degree of success in ensuring the smooth confirmation of judges in her home state. Based on his record, there is little to suggest that Bryan will be an exception, and it is expected that Bryan will join the Minnesota bench before the end of the year.
The Vetting Room 
It appears that Bryan is liberal without being controversial. If the confirmation hearing goes well, he should win a comfortable though not overwhelming confirmation.
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Jeffrey Bryan is a good pick. He should be a reliable liberal vote for decades to come. He should have little trouble getting confirmed. I expect him to be in the conversation for elevation to the 8th of the vacancy occurs while a Democrat is president. He is the first Hispanic to sit on the court once confirmed, young & has a very good background. I give his nomination an A
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Seems like another solid and relatively traditional pick. I don’t foresee any issues here for Bryan.
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@Frank
That’s scary when you & me agree 100% on a nominee… Lol
Great job by Klobachar & Smith
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I don’t grade nominees. Bryan probably wouldn’t be my first pick, but I don’t see any real issues with him either.
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@Frank
If you did grade nominees, how many do you think we would give the exact same grade to? I’m guessing 5 – 8.
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I’d wager more than that, but I have no idea.
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He wasn’t my absolute top choice but I don’t have any complaints. Too bad that this district appeals to the ultra conservative 8th circuit. Other than MAYBE Loken, I don’t think any 8th circuit judges will let Biden choose their successor. Only one Democrat appointed judge and only one woman on that circuit (Jane Kelly).
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I think the 8th circuit has 5 judges eligible for senior status. Loken is the most likely to go both in age & which one is likely ok with Biden choosing their successor. This is why a second Biden term is so important. He could get a few picks with 8 years.
Jane Kelly desperately needs some help both in terms of being the only woman & Democrat splinter. Katherine Menedez would probably be the front runner if Loken left. I can see Biden treating the 8th like the 3rd which only had two woman when Biden came into office. Biden likely would fill any 8th vacancies with a woman.
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Lavenski Smith might take senior status in March 2024 when his term as Chief Judge ends. Smith is based in Arkansas so if he does go senior, don’t expect any help from the senators in picking a decent nominee.
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@Ryan Joshi, you think Lavenski Smith would let Biden pick his successor?
The successor I have in mind is AUSA Cameron McCree (born c. 1980), a former clerk to Smith.
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Lavenski Smith, along with Loken, seem to be among the less extreme of 8th circuit judges.
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*History of the Seat:
Created by 46 Stat. 431 in 1930
History of the Vacancy:
(See “History of the Seat” section of the post)
Jeffrey Bryan: -A grade (since there’s always room for improvement! And I second-guess my grade because of surprising consensus in here: “If Frank thinks he’s an A nominee, how can I think that he’s an A nominee?”)
I revert to my usual anti-consensus self in speculating on Bryan’s confirmation. I don’t see him getting more than 3 to 5 Republican votes. Maybe just a bit more if Klobuchar whips her Republican colleagues.
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@Gavi
I too initially shared your concern but upon further review, I can see how somebody like Frank & myself can both give him an A despite us usually disagreeing.
Bryan has worked as a prosecutor, hasn’t written any inflammatory articles/books/writings & he is a sitting judge, so he would please somebody like Frank. He also has worked in the federal defender’s office, is in his mid 40’s & breaks barriers as the first Hispanic (Yes that counts… Lol) on the court so he pleases somebody like me.
It’s rare to find a nominee that both Frank & I would give the exact same grade to. As a matter of fact, I might have some extra time later in the week. I might actually go through all 180 Biden nominees & see which ones I think both Frank & I would give the exact same grade to. I bet I can count the number on one had & certainly it would be in the single digits.
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I’d be terrified for myself and for the judiciary if my Frank number gets too high.
It’s like how I start to second-guess my support for nominees who don’t get attacked by Republicans or who get too many Republican vote (not including personal whipping like in Desai’s case).
My logic is since I want to push the judiciary left, especially after the appointments of MAGA-judges, the people I want to see nominated should cause the Franks and the Cruzes of the world to want to set their hair on fire.
Otherwise, it’s likely a missed opportunity.
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I think there is a balance. Like if you asked me do I want a Dale Ho type for this seat I would say yes. But that would probably lead to a year’s long wait & us having to sweat hoping every democrat shows up since Manchin will be voting no.
Now if you offer me Jeffrey Bryan, who is still a history making pick, just as young as Dale ho & if fairly progressive but will probably get Manchin plus at least 3 GOP yes votes, I wouldn’t’ call that a missed opportunity. J Childs, Florence Pan & half of the New Jersey picks are what I would call missed opportunities.
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@Gavi
I wouldn’t be surprised if Richard Federico was another nominee Frank & I agree on. I give him an A for being a long-time federal defender & being in his mid 40’s. Frank would probably like him because he has no writings that were inflammatory, has a military background & both Republican senators approve of him.
So he would be another example of what I mentioned above. Sure Lauren Bond would have been my first choice & of course Jabari Wamble would have been the second Black man confirmed to any circuit court since January 2014 so I would have been happy with him too. But Federico seems to be the type of nominee that pleases both sides so I’m fine with that.
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I’m bored y’all. Any chance of new nominees tomorrow?
Also, anyone up for guessing how many Article III confirmations we have by 12/31/23? I’ll be optimistic and say 180. I say optimistic because it would mean we would have to confirm 9 people who haven’t been nominated yet (10 if you exclude Colom). A tall order, considering they’re going to mess around with the budget for several weeks.
Also, I’ll predict we’ll get all 4 current CCA nominees confirmed, probably by Thanksgiving. Not a bold prediction, I know.
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If we don’t get any new nominees in the next five days, we will miss another SJC hearing. So I think there’s a good chance it’s new batch this week with tomorrow being the most likely day.
I agree with you we will likely see 4 circuit court confirmations before the end of the year. I doubt we will get to 180 total confirmations by the end of the year. I think 168 is my guess. I hope it’s not like Price is Right & if I guess 168 & you guess 1, & 167 are confirmed then I lose since I went over… Lol
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Rayspace,
I actually think it’s better than 50/50 we get some nominees tomorrow. The WH technically have another week, but I see them wanting to continue the momentum based on that article from the other day. Call it wishful thinking.
I think 180 is about right. I have them falling just under, but it’ll be close.
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I do agree that all four pending circuit court judges will get confirmed prior to Thanksgiving as well. Certainly the end of the year.
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I hope this effort succeeds for the sake of the citizens of Alameda county. “Progressive” prosecutors only harm the citizens they are supposed to protect with their weak on crime “reforms”: https://www.politico.com/news/2023/08/15/california-keeps-electing-progressive-das-then-pushing-to-recall-them-00111181
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I’m surprised that Wilkins concurs in this case, that touches on abortion and First Amendment jurisprudence. I consider myself a free speech absolutist, but I do have some reservations about undercutting the ancient principle of prosecutorial discretion. But I can quickly think of scenarios in which selective enforcement may have a discriminatory impact.
I am less surprised by Childs joining the far-right Rao’s opinion. Do you remember when Shawn used to say that Childs would be an outright conservative judge on the DC Circuit? Many of us disagreed with him on that. This opinion isn’t exactly a right-wing opinion, though. The case, now remanded, is far from resolved.
https://reason.com/volokh/2023/08/15/d-c-circuit-revives-viewpoint-discrimination-suit-against-district-of-columbia/
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@Gavi
I remember @Shawn’s comments very well. We both said Childs was the worst Democrat circuit court judge nominated by a Democrat since Clinton (Pre Ramirez), but we had different reasons. Scary to think she was in the top 3 for replacing Breyer on the SCOTUS.
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If this precedent will stop police officers in other areas from favoring white nationalists over BLM protestors, I’m all for it.
But I don’t trust that the same outcome would be reached if it was the left instead of the right claiming unfair treatment by police.
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It’s a single ruling on a First Amendment case and doesn’t evince an ideology one way or the other. It surprises me that people have this hatred of Judge Childs. I don’t know where it comes from. Are there any other rulings besides this one that grates on you? To imply she is a conservative is quite silly.
In 1989 the flag burning case Texas vs. Johnson it was Justice Scalia who sided with Brennan , Marshall and Blackmun. Did this mean that Scalia was or would be a liberal ? Of course not, and back then flag burning was major political issue.
All they really did is return the case so the judge could get more information as to “selective enforcement” among other issues. There’s nothing wrong with Judge Childs.
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@Shawnee68
That was the opinion of @Shawn when he use to on the blog. I agreed with him she was a terrible pick but not for the same reasons. He thought she wasn’t qualified & would turn out to be a right-wing conservative. I feel she’s too old, not progressive enough, there were much younger & progressive picks from all across the country (The DC circuit judges don’t have to come from DC) & there was a vacancy on the 4th for South Carolina at the time.
Of course we all know Clyburn pushed hard for Childs to get picked for the DC circuit so he can get two circuit court picks & put Benjamin on the 4th. I know Biden feels he owes Clyburn a lot so I guess I understand why he gave in. The pick wouldn’t have been so bad had his next pick not have also been Florence Pan who is the same age as Childs.
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I think disdain for Judge Childs comes from how close she was to being Biden’s Supreme Court nominee. She’s only been on the circuit court for 1 year so it’s hard to pinpoint exactly where she stands ideologically (seeing her votes in en banc cases will help pinpoint this).
On the other hand, how is liberal disdain for Childs any different than conservative disdain for the Chief Justice? I’ll admit to this much: if Judge Childs sides with the liberals in 80% of major, ideologically charged cases, there will be liberal commentators who will hate her because she sides with conservatives in 20% of major cases, just like conservatives are mad at the Chief Justice because he sides with the liberals in 20% of major cases.
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That being said, the chances of Childs being the liberal equivalent of Scalia are 0. Even Kagan & KBJ aren’t as far to the left as Scalia was to the right (Sotomayor possibly is).
The flag burning case was a cross-ideological case. The majority consisted of 3 liberals (Brennan, Marshall, Blackmun) and 2 conservatives (Scalia, Kennedy). The dissenters were 1 conservative (Rehnquist), 2 center-right (White, O’Connor), and 1 liberal (Stevens). Notably, 3 of the 4 dissenters had served in the military, and Stevens hints that his military service played a role in his decision to break with the other liberals.
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I’m listening to the radio station 99.1 down here in Miami. They just said Dwayne Wade has confirmed the Democrat Party has reached out to him to run for the US senate. This is brilliant.
I have said multiple times before when you have a seemingly unbearable Republican running for the senate; the best way to at least make it a race is to run a popular celebrity against them. I don’t know if he will do it but I hope he runs.
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I’d love to see it too. He would certainly bring out a subset of apolitical voters and given that it’s a presidential year and Scott’s unpopularity it might be enough to make it a close race.
Plus Wade is a great speaker and pretty sharp guy in his own right.
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Apparently WH counsel Stuart Delery is leaving, according to a message on the WH briefing room site. Hopefully his replacement will right the ship on the nominations pace and not just slow it even further.
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I just read that. I can’t imagine any worse when it comes to nominations then what I’ve seen since the election last year. I wish Russ Feingold would be the replacement but I know that’s a pipe dream.
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Thank goodness!
And to Dequan, I am the type of optimist who believes things can always get worse! But I am not the kind of optimist who would entertain the wish that Russ Feingold would leave his million-dollar job for one in the White House basement.
Biden, please find another Remus!
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@Gavi
Yea I agree with you on all. Can you imagine Menedez or Booker calling Biden & telling him they have the perfect replacement that has been working in their office on judicial nominations the last 3 years… Haaaaa
And Russ would be my number one choice but I have no illusions it will literally be him. Somebody in his mind would be great though.
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Maybe Durbin’s old chief counsel on SJC who recently went to the WH will make a run for it. I don’t particularly hold Durbin in any high regard, but I won’t let that bias my opinion of his staff.
I think the bottom line is, if the last transition is anything to go by, this departure will slow down nominations, at least. I’ll be willing to accept this slow down *if* the quality of the nominees is closer to those from the Remus days.
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