Judge Kelly Rankin – Nominee to the U.S. District Court for the District of Wyoming

A Wyoming native with extensive ties to the legal community, Judge Kelly Rankin has been nominated to a lifetime appointment on the federal bench.

Background

Born in 1968, Kelly H. Rankin received a B.S. from the University of Wyoming in 1990 and a J.D. from the University of Wyoming College of Law in 1994. Rankin then spent a year at the Lincoln County Attorney’s Office before shifting to the Park County Attorney’s Office. In 1999, Rankin became the Park County Attorney.

In 2003, Rankin became a federal prosecutor under U.S. Attorney Matt Mead. In 2008, Rankin was appointed to replace Mead by President George W. Bush as U.S. Attorney, which he held until 2010, when President Obama replaced him with Christopher Crofts. Rankin then briefly served as Counsel to Democratic Governor Dave Freudenthal (himself a former Wyoming U.S. Attorney) before returning to the U.S. Attorney’s Office as Criminal Chief.

In 2012, Rankin was appointed as a U.S. Magistrate Judge in Wyoming, where he currently serves.

History of the Seat

Rankin has been nominated for a vacancy on the U.S. District Court for the District of Wyoming to replace Judge Nancy Freudenthal, who took senior status on June 1, 2022.

Legal Experience

While Rankin started his legal career as a prosecutor in a number of County Attorney’s offices, his name first appears in notable cases as a law student, when Rankin assisted the Wyoming Attorney General’s Office in opposing an appeal from a defendant charged with forgery and check fraud. See Black v. State, 869 P.2d 1137 (Wyo. 1994).

In 2003, Rankin became an Assistant U.S. Attorney with the District of Wyoming, in which role he prosecuted a variety of offenses, and argued before the Tenth Circuit as well. See United States v. Magallanez, 408 F.3d 672 (10th Cir. 2005). In 2008, at the age of forty, Rankin was nominated by President George W. Bush to be U.S. Attorney for the District of Wyoming and was confirmed by the Senate. As U.S. Attorney, Rankin supervised and directed all federal prosecutions for the District, including working with future Tenth Circuit Judge Gregory Phillips, when the latter was a federal prosecutor. See, e.g., United States v. Dennis, 551 F.3d 986 (10th Cir. 2008). Rankin also served as counsel of record on certain appeals before the Tenth Circuit. See, e.g., United States v. Brown, 556 F.3d 1108 (10th Cir. 2009).

Subsequently, Rankin spent a short stint as a legal advisor to Gov. Dave Freudenthal before returning to the U.S. Attorney’s Office as Chief of the Criminal Section.

Jurisprudence

Since 2012, Rankin has been a U.S. Magistrate Judge with the District of Wyoming. In this role, Rankin presides over cases where parties consent to his jurisdiction, presides over pretrial release and discovery issues, and writes reports and recommendations for district judges to approve. Among the cases where the parties consented to Rankin presiding, while sitting by designation in Colorado, he presided over litigation brought by a Sheriff in Park County who claims that he was demoted for criticizing the conduct of other Deputies who had engaged in a civil eviction that ended in the deaths of two individuals. See Tonjes v. Park Cnty. Sheriff’s Office, 300 F. Supp. 3d 1308 (D. Colo. 2018). Rankin denied motions to dismiss most of the claims brought by the plaintiff, finding that they had been plausibly alleged. See id. at 1332-33.

Among other notable opinions Rankin has authored, he denied a motion from Casper City Councilman Craig Hedquist’s to compel production of documents between the City Council and attorneys and other individuals related to an effort to remove Hedquist, finding that the documents were protected under the attorney-client privilege. See Hedquist v. Patterson, 215 F. Supp. 3d 1237 (Wyo. 2016).

Political Activity

While Rankin has worked for both Republicans and Democrats in his career, his donation history is entirely Republican, including donations to Mead, Sen. Mike Enzi, and the Wyoming Republican Party.

Overall Assessment

With the support of the White House, his home state senators, and extensive experience with the Wyoming legal community, Rankin represents a fairly consensus nominee and should be confirmed comfortably.

210 Comments

  1. Jamie's avatar

    Thinking that judges like Henderson, Niemeyer, Wilkinson, etc will die on the bench or retire only when they feel they are not able to do the job. If they wanted an ideological replacement they would have went under Trump, and they are too conservative to want to leave voluntarily under Biden (Wilkinson is not quite as conservative).

    Liked by 2 people

  2. Zack's avatar

    Nico Martinez is at the top of list for me to replace Rovner but I could see Nancy Maldonado being the favorite.
    As to the swing vote, will likely be St.Eve who is conservative but not to the far right as Sykes or Easterbrook is.
    I will say in regards to Easterbrook he’s a reminder of how Republicans played the long game on the courts given that he was put on the 7th Circuit in 1985 and can still be there for another 10 years easy.
    Shows you how badly the TX 5th Circuit seat was botched.

    Liked by 4 people

    • Hank's avatar

      Easterbrook is also so convinced of his own brilliance that he’s not going to willingly go senior under any president, Republican or Democratic, thus making his seat more likely to flip than a Republican hack like Sykes or Brennan. I wouldn’t say that’s a good thing for the Republicans who nominated him.

      As long as a Dem judge will go senior when they can be replaced by a likeminded successor, who cares whether that judge is on the bench for 10 or 40 years. And for liberal judges in particular, someone who was a liberal in 1985 might not be so liberal by 2023 standards (especially on social issues).

      On the median justice in CA7, it’s more likely Scudder or St Eve than Easterbrook. I also think it’ll depend on the issue – Scudder’s pretty far-right on gun issues, whereas St Eve is very harsh on criminal law and seems to believe that racial discrimination doesn’t exist anymore (even Easterbrook wasn’t willing to go that far in that case). Kolar will likely be pretty moderate, and Pryor has already shown herself to be to the right of Hamilton (who she replaced) in at least one case.

      Liked by 1 person

      • Lillie's avatar

        I would’ve said the same about posner with being convinced of his own genius but look what happened to him. At least he could be entertaining.

        Perhaps the fact there are more moderate voices on that court will help it not get to a point similar to the 5th or 6th circuits.

        Or perhaps I’m just grasping at straws because I live in Ohio and that’s the best I’m likely to get.

        Liked by 1 person

  3. Aiden's avatar

    I think it’s great to have possible SCOTUS appointees nominated.
    But I don’t think all of the circuit court nominees have to be.
    I don’t think Sung should ever be appointed to the Supreme Court, based on the Kavanaugh issue. Also H.A Thomas would probably not be appointed neither would Rikelman. However, they are all amazing circuit appointees.

    Also in terms of future SCOTUS nominees.
    The next appointee should absolutely be a women, as having a female majority SCOTUS would be a significant milestone.

    Like

    • Dequan's avatar

      I actually think all three names you mentioned, Sung, Holy Thomas & Julie Rikelman all would get serious consideration for SCOTUS if Dems had 51 senators or more. Sung because there would be a push for the first AAPI justice. Thomas for geographic diversity with her being from California. And of course Rikelman for her being such a woman’s choice advocate. I think a nominee being critical of one of the conservative justices is a plus as long as the senate make up is what it currently is or greater at the time of the vacancy.

      Like

      • Aiden's avatar

        I just have to disagree. I think collegiality is important on the Supreme Court so I would not support Sung’s nomination to SCOTUS. Even though she would easily be one of my favourite nominations to the circuits so far. It is why I think some of the things Justice Alito has said are entirely unacceptable. All of the other justices seem to get along well enough.
        I think there are many appointees just as liberal as Sung that would be better fits.

        I think H.A Thomas is too moderate so far, and there are already 2 black justices on the court. Unless it is Thomas that becomes the vacancy.

        I think yeah perhaps if you had the right senate conditions Rikelman could be appointed. However I don’t know how likely that would be. I think she would be a fine nominee. However as she is not from a minority group nor LGBT. I still there is better. Nathan would probably considered before her.

        Liked by 1 person

      • Dequan's avatar

        Oh yea I agree on Nathan. I have long said she is my favorite to be the next Justice if it’s a Democrat president & senate in the next five years or so. And I’ve first the last three Justices correctly. I was just saying I wouldn’t rule the three you mentioned out but I don’t think either of them would get it over Nathan.

        Like

      • Hank's avatar

        @pj As if the words of a Trump sycophant like Julie Kelly are even worth reading. That nutjob is so full of BS that she can’t even get the likes of Breitbart to publish her drivel. I’m hardly a fan of Pan’s, but please share actual facts and not the crazed rantings of a piece of Trump Trash.

        Liked by 2 people

    • pj91's avatar

      @Dequan – given how Garland was a viable nominee even as a 63 year old. I think Srinivasan has maybe seven years left as a viable nominee. Out of all the moderate-to-liberal judges out there, he’s easily the most impressive one when it comes to sending clerks to scotus. Like he’s probably sent more clerks to the big house than Millett/Pillard/Wilkins combined.

      Like

      • Dequan's avatar

        Garland was only viable because it was a Republican senate majority. He would not have been the nominee if Obama had 51 Democrats. I agree Sri Srinivasan is viable with a Republican senate (Although I don’t think anybody other then Jesus would get confirmed) along with others like Childs. I was talking about with a Democrat senate majority.

        Like

  4. Aiden's avatar

    I agree with their being a push for geographic diversity for the next SCOTUS appointee.

    I’d also prefer their JD not to be from Havard or Yale

    I was really disappointed with De Alba’s nomination. It would have been the perfect opportunity to nominate a Latino/latina that had the potential for a SCOTUS nomination.
    A future nominee from the 9th circuit would have being great.

    Perhaps if Corrigan resigns on the California Supreme Court. Newsom puts a possible future SCOTUS nominee on that court.

    Liked by 1 person

  6. Hank's avatar

    I looked at Nico Martinez’s bio again and it looks like he only finished clerking in 2016 – that means he’s really only been a practicing lawyer for approximately 7 years (assuming he finished clerking in the fall, as they usually do). That could be an issue.

    The ABA’s position is that judges should normally have 12 years of experience practicing, and the Wamble debacle suggests that ABA ratings still matter for Dem nominees (even though I think it shouldn’t because the ABA gives too much weight to big law experience and undervalues public service). To be fair, Brad Garcia had been practicing for only 9 years at the time of his nomination and got through without much controversy. But Garcia also clerked for/argued in front of SCOTUS and likely had more influential backers since he was working in OLC at the time of his nomination. I wouldn’t be surprised if Republicans make a big deal out of Martinez’s relative lack of experience—or if the ABA takes longer to issue a rating because they have to decide whether Martinez warrants an exception from the 12-year rule. I think he does, but I suspect others will disagree.

    All this to say that I don’t think Martinez would be as easy a confirmation as some would think, and I suspect a traditionalist like Durbin will want to go with someone like Maldonado or another one of the district judges. Whereas Republicans seem ready to start nominating law students soon, being too young may (fairly or not) still be a concern for Dems.

    Liked by 2 people

    • Dequan's avatar

      If the Justice that leaves is Roberts, I think Biden would nominate Kagan or KBJ to replace him, then nominate Nathan to replace them. If it’s Sotomayor, I would guess Myrna Perez with a slight change of Brad Garcia. Any other seat (Including Thomas) & my guess would be Alison Nathan.

      Like

      • Aiden's avatar

        I think nominating Kagan would be the right choice in that scenario, as would nominating Nathan. I’d also consider Myrna Perez and Roopali Desai.
        Those appointees should be the same considered for Alito

        Perez should be the nominee if it’s Sotomayor though.

        I think if Thomas leaves it should be Candace Akiwumi or H.A Thomas maybe.
        Possible Andre Mathis may get considered.

        Like

      • Dequan's avatar

        I wouldn’t mind Andre Mathis replacing Thomas at all. The only other viable Black man on the circuit courts is Robert Wilkins but unfortunately he’s 60 now so that’s out despite him certainly being a phenomenal Justice otherwise.

        That’s why I’m so big in at least a second Black man being appointed this year to any circuit court. I doubt it will happen on the 1st. If Gibbons had given a firm date to retire I would say ram a Black male nominee down Haggerty & Blackburn’s throat. But since she’s going senior upon the confirmation of her successor I wouldn’t suggest that. That just leaves the 7th which as I have stated before I fully expect to be a Hispanic nominee & the 4th which very well could be a Black man replacing Wynnn should one of the more obvious choices we have all spoken about here not be the nominee.

        Liked by 1 person

      • Mitch's avatar

        @Dequan

        Given that the Supreme Court justices get along, the smart move would be to find someone who would get along with them. Also, there will definitely be pressure to nominated someone who’s APPI.

        The first name that comes to mind for me is Sri Srinivasan of the D.C. Circuit. Most of the justices already know him and I’ve never heard anyone say anything negative about him.

        Like

      • Dequan's avatar

        Milan Smith mentioned in an article a year or two ago he will die with his boots on. I take him at his word.

        As for Sri Srinivasan, I think his time has passed. If the senate goes to 50/50 & Biden is re-elected, I can see him back in the list. But with 51 or more Democrats in the senate, I don’t think we would get him as the pick.

        Like

      • Hank's avatar

        There wasn’t even enough pressure to get Biden to nominate an Asian cabinet member. I hardly think that any pressure to nominate an Asian SCOTUS justice will affect Biden’s decision-making. If anything, the fact that Biden is rolling over and surrendering to the Republicans in immigration negotiations (while also excluding any Asian or Hispanic Dems from those negotiations) indicates that he disregards the concerns of immigrants, Asians, and Hispanics/Latinos more than Obama did. It’s one of the worst things about his presidency.

        Liked by 1 person

      • Aiden's avatar

        @Mitch

        I think the nominee will almost certainly be a Women, I don’t know how Biden wouldn’t take this opportunity to make it a female majority SCOTUS.

        I wonder if Rikelman being appointed plus making it a female majority SCOTUS would make it really good messaging.

        In regards to Sri Srinivasan. I think even Pan would have have a better shot, his time has past.
        Also Just like with Mathis. They wouldn’t front runners over female nominees

        Liked by 1 person

  7. star0garnet's avatar

    Regarding GOP circuit appointees outside of the Federal Circuit, with the left of center tier eliminated and the maverick tier decimated, who’s the most moderate (overall) that’s likely to be on the bench in a year? Milan Smith? Who’d be next up?

    Liked by 1 person

  8. Hank's avatar

    And on the possible SCOTUS nominee question, I agree that Nathan would likely be in the running for the reasons many have already discussed (First LGBT nominee, from Schumer’s state, pretty progressive record).

    Pan/Koh/Desai would likely all be considered in the (unlikely) event that Biden would nominate an Asian judge. Pan had the most traditional credentials but is the oldest and most moderate; Koh is slightly younger and much more liberal than Pan and would bring patent / intellectual property expertise; Desai is much younger than both Pan/Koh, liberal, and would likely be an easier confirmation given Sinema’s backing. Sung is my favorite and definitely worthy of being on SCOTUS for being willing to point out what a POS Kavanaugh is, but likely not confirmable while Dems have such a narrow majority. Also possible that one of the Asian Obama appointees like Nguyen/Srinivasan (less Srinivasan because he’s a man) would be picked because they’re more moderate/older and thus easier to confirm.

    Nominating Rikelman would also be good politics because it would put abortion front-and-center during an election year. It’s also always easy to frame any Dem nomination as historic – Rikelman would be the first immigrant/refugee to be a SCOTUS judge in a long time, and the first immigrant woman. She had a wonderful immigration opinion on CA1 recently suggesting that (as we all predicted) she’s a solidly liberal judge.

    Nobody has cared about geographic diversity for ages. That’s unlikely to change with a president from the East Coast who has been in DC since before some of his nominees were even born.

    Liked by 3 people

    • Aiden's avatar

      I think Koh could be considered she’s very liberal and patent experience is definitely a plus. Considering the Federal Circuit has being calling out for more guidance from SCOTUS but her age isn’t ideal.

      I think if there is a vacancy while Sinema is in the Senate, Desai would be a front runner .

      I also really like your take on Rikelman.

      I just disagree on Sung as a good nominee

      Liked by 1 person

  9. Zack's avatar

    I still think Martinez could make it even though he’s only been practicing for seven years, as I don’t think that matters to Biden and company anymore.
    It should be noted that Wamble was sunk because of conflicting answers he gave over a wiretapping investigation of inmates and their lawyers at a federal prison more so then concerns of a bad ABA rating (which would have been justified IMO.)
    Also as some folks mentioned, it’s possible Judges Niemeyer, Wilkinson and Henderson may retire under the next Republican President but IMO, they are going to go the Kanne route and aren’t leaving until natural causes forces them to.
    It’s all the more reason Roger Gregory needs to follow the lead of James Wynn and take senior status now.
    IMO, it’s almost certain King’s seat on WV is going to be a flip which will make it 8-7 Democratic.
    No need to roll the dice and risk the 4th going back to the horror show it once was as the most conservative court in the land.

    Liked by 1 person

      • Rick's avatar

        I hope Sen Duckworth is involved to…By gut tells me she’d opt for a more progressive nominee than Durbin.

        I just have a feeling Durbin would want to go with someone who was already confirmed to a District Court seat – Lindsay Jenkins or Nancy Maldonado

        Liked by 1 person

      • Hank's avatar

        Duckworth definitely has more of a backbone than Durbin – she voted no on 2 Trump nominees to the Southern District of Illinois despite the agreement IL senators have with the White House because those 2 nominees were anti-choice nutjobs, whereas Durbin went along with them: https://www.huffpost.com/entry/tammy-duckworth-abortion-trump-judges-illinois_n_5f6252e1c5b6c6317cfec759.

        My guess is that Lee was picked for the CA7 vacancy (over Feinerman for example) because Duckworth wanted a person of color for the seat and wouldn’t stand in the way of the first Asian judge on the court (even though there were more progressive picks). Duckworth seems like she would value putting the first Hispanic/Latino on CA7 as well, but if she had to spend political capital to get Lee on the court, Durbin might pressure her to accept who he wants this time.

        Other names that I hope are under consideration are Jennifer Welch or Michelle Wetzel, both with Planned Parenthood of Illinois. Welch (President of Planned Parenthood) worked as the policy director for Illinois AG Lisa Madigan and led nonprofits focused on helping victims of domestic violence, while Wetzel (General Counsel) was a former legal aid attorney. Welch seems to be around 55, while Wetzel is at least 50 if not older. Perhaps they haven’t really been mentioned (or included on any list for district judge vacancies) because they’re not interested, but even though Maldonado or Martinez would be my preference, I think someone from Planned Parenthood would be a smart pick.

        Duckworth would certainly back someone with a clear pro-choice record, and emphasizing abortion rights is good politics at the moment (and put Collins’/Murkowski’s votes in play for confirmation). It would also be rather fitting to nominate a lawyer with a history of defending women’s rights to replace Rovner, the first woman to be a CA7 judge (which Rovner herself emphasized in her letter).

        Liked by 1 person

      • Dequan's avatar

        I’m not a fan of putting another 55 or plus year old on any remaining circuit court seats no matter how progressive they are. And 50 is pretty close to the same category for me. But I do like the thinking if another Planned Parenthood type of nominee if the. Line isn’t going to be the first Hispanic or Black man on the 7th (Which it really should be one or the other).

        Like

      • Hank's avatar

        55 and Planned Parenthood background would be better than career prosecutor Jeremy Daniels by far – and to be honest, with Biden having nominated two Black judges to CA7 already, I don’t think there’s going to be much pressure to nominate a third Black judge (especially when there has never been a Hispanic judge on CA7 and Black men are overrepresented in the federal appellate courts compared to the general population). If anything, being replaced by a man might be the only thing that could annoy Rovner enough to risk her retraction (which, to be clear, I don’t think will happen).

        Like

      • Dequan's avatar

        Oh I definitely agree 55 and Planned Parenthood background would be better than career prosecutor. I don’t want a career prosecutor period… Lol

        And I disagree Black men are overrepresented on the circuit courts (Particularly after Wynn steps down) but I do completely agree this seat should go to a Hispanic nominee. And I too don’t believe Rovner would rescind if the nominee isn’t a woman. I don’t see her as the type to even consider that as she simply didn’t have to announce senior status without a guarantee backroom deal.

        Liked by 1 person

  10. Dequan's avatar

    This article by Rakim Brooks of Alliance for Justice says that’s “All indications are that he’s listening” in regards to Durbin considering altering the blue slip procedure. I’d like to know what he’s talking about because I haven’t seen any indicator that he’s considering any changes if he hasn’t done so with Scott Colom.

    (https://www.democracydocket.com/opinion/a-quarter-of-federal-courts-have-only-ever-had-white-judges/)

    Liked by 1 person

  13. Aiden's avatar

    @Frank I largely agree that radical reforms like the ones in the article are needed. Specifically the one in which all circuit justices would be rotating associates justices seems bizzare at best.

    Like

  14. keystone's avatar

    I’m thinking about what the next round of noms (due later on this month) will include.

    I’m guessing we’ll get a SDNY nom and some combination of NDCA, EDCA, and/or CDCA.

    There’s also a chance we could get the other NDIL nom, the rumored South Dakota seat, and maybe some of the Arizona noms.

    Thoughts? Predictions?

    Liked by 1 person

    • star0garnet's avatar

      It took six months to announce Mathis as the nominee after Donald announced, and it’s now five months since Gibbons announced, so hopefully we’ll get a circuit nominee. If Blackburn and Hagerty were a touch brighter, they might be able to string the admin along long enough to keep the seat vacant this congress, but they’re one of the least likely pairs to pull that off.

      Liked by 3 people

  17. rob's avatar

    Does anyone think we get Mehalchick confirmed this week? She is the only judicial nominee available to be voted on.

    I know they are using most of this week to pass the CR but I was curious to know can they use any of the time in between votes to confirm her.

    Giving us a clean slate for next week when all the nominees voted out of Thursdays SJC meeting will be ready to confirm.

    Liked by 1 person

  18. Dequan's avatar

    @keystone

    I think the administration is trying to push out as many red state nominees they can since they know there will be no blue slip issues outside of those states so they can push blue state nominees until later in the year. I think Eric Schulte should be finished vetting by now so I would guess we get him next week. Hopefully that worked out a nominee for the other South Dakota seat so we may get two.

    With 3 vacancies, I could see one ready from Louisianna. Also the remaining Indiana is a possibility. I would be very surprised if the Wisconsin nominee isn’t finally ready as well. There’s an outside chance for the Kansas nominee to be ready but I’m not as confident about that one.

    @Rob

    I doubt we will get Mehalchick this week. Schumer withdrew her cloture motion so he would have to send a cloture motion back to the desk for her. With a two-day work week this week, that won’t be possible without unanimous consent or them working on Friday, neither of which I see is likely to happen.

    Liked by 1 person

  19. Zack's avatar

    Yea… I just saw a post on X going after Adeel Abdullah Mangi’s nomination and it’s ugly as can be.
    I expect a lot more ugliness before the final vote is done and I could sadly see his nomination failing.
    Hope I’m wrong.

    Like

    • keystone's avatar

      Yeah, I’ve seen it too, the attacks on him are essentially calling him a terrorist and are being amplified at the moment by garbage person Carrie Severino and Mike Davis, aka Chuck Grassley former chief counsel for nominations who is known for his blatantly racist outbursts. This is the tactic they’ve used to sink other judges.

      I’ve seem some signs of the WH fighting back this time. Following the first wave of hate towards Mangi, there was an article that came out in the Star Ledger (which is important new source in New Jersey- Mangi’s state) lambasting the GOP judiciary member’s questioning of Mangi. The Jerusalem Post put out a similar post around that same time.

      They’ve had the American Jewish Committee, the National Council for Jewish Women, Anti Defamation league, and 15 other regional Jewish groups expressing their support for Mangi.

      They’ve got to do more, but frankly, I’m glad to see that they’re at least doing something this time. They need to be prepared for that meeting on Thursday bc Blackburn, Hawley, Cotton, and Cruz are def gonna dial up the theatrics. When the tantrum is over, Durbin et al need to just be like, “You done? OK, we’re voting now.”

      Above all else, they can’t let the Mangi confirmation vote linger. I think one of the problems with people like Edelman and Gaston was that they held off so long on their confirmations and eventually it got to a point where enough time had past that we got several rounds of tantrums and the constant repetition of accusations began to define the nominees. Just get Mangi to the floor ASAP and confirm him.

      Liked by 2 people

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