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Sentencing Law and Policy
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Vetting Judge Jane Kelly: should sentencing fans be rooting for her to be Prez Obama’s SCOTUS nominee?

By Douglas Berman

48415631EBecause I always look at big legal issues through the lens of sentencing, and especially because the last four US Supreme Court appointments have been filled by persons who previously worked as a prosecutor and/or the US Department of Justice, I keep being drawn to one name on all the SCOTUS short-list stories because of her extended service as a federal public defender: Jane Louise Kelly.

I am pretty sure I have never met Judge Kelly, and I am very sure that I have no firm basis to predict what kind of Justice she would likely develop into over the course of he service on the Court.  But because professional choices and experiences always shape jurisprudential perspectives, and especially because Judge Kelly’s two decades as a public defender would surely gave her an especially keen understanding of the doctrines and practicalities of federal criminal law, I keep thinking she should be a top choice for sentencing fans.

There also would seem to be possible political advantages to Prez Obama nominating Judge Kelly.  Most notably, she was unanimously (and quickly) confirmed by the Senate three years ago wth the backing of Senate Judicary Chair Charles Grassley.  (This Blog of Legal Times article provides the back-story on how that became a reality.)   Her Indiana birthplace and Iowa-based career would help diversify the Supreme Court geographically (and would enable Prez Obama to make much of an interest in ensuring “mainstream midwestern values” are represented on the Court).  In addition, the only apparently newsworthy aspect of her personal background that I could find, apart from her educational and professional history, was that she was violently attacked while jogging in Cedar Rapids back in 2004.  Her status as a crime victim could perhaps blunt any GOP criticisms that as a Justice she might be problematically biased toward criminals rather than victims.

This all said, because I have no direct experience with Judge Kelly and have not yet even taken time to try to review all of her recent work on the Eighth Circuit, perhaps I am much too quick to assume that her profesional background should make her a top choice for sentencing fans.  Thus the title of this post:  I would be eager and grateful to hear from readers (either via the comments or some other means) with any informed assessments of Judge Kelly.  I assume there are dozens, if not hundreds, of Iowa lawyers who have regularly encountered Judge Kelly professionally, and I am hopeful some of this number will chime in to provide a fuller picture of this notable short-lister.

Prior related posts on new SCOTUS nominee possibilities: