Jane Branstetter Stranch
|Judge of the United States Court of Appeals for the Sixth Circuit|
September 15, 2010
|Nominated by||Barack Obama|
|Preceded by||Martha Daughtrey|
|Born|| September 17, 1953
Nashville, Tennessee, U.S.
|Education||University of Virginia
University of Tennessee, Knoxville
Vanderbilt University (BA, JD)
Jane Branstetter Stranch (born September 17, 1953) is a United States federal appeals court judge on the United States Court of Appeals for the Sixth Circuit.
Early life and education
Born Kathy Jane Branstetter in Nashville, Tennessee, Stranch first attended the University of Virginia from 1971–1972 and then the University of Tennessee from 1972–1973 and earned no degree. In 1973, Stranch enrolled at Vanderbilt University earning a Bachelor of Arts degree, summa cum laude, in 1975. She then earned a J.D. degree from Vanderbilt University Law School in 1978, where she was elected to the Order of the Coif.
Stranch started her professional career at the law firm of Branstetter, Stranch & Jennings, PLLC as a law clerk working summers and part-time 1975 through the summer of 1978. Following the bar exam, Stranch was promoted to an associate in 1978 and became a partner in 1994.
Early in her career Stranch practiced law in both the state and federal courts with a focus in labor employment, Employee Retirement Income Security Act of 1974 (ERISA), personal injury, worker's compensation, wrongful death, and utility law.
During the latter part of the 1990s, Stranch's practice was mainly complex litigation and class action work throughout the United States. Many of her cases involved representation of plan participants who had lost their individual account pensions due to fiduciary breaches, often concurrent with corporate scandals. Stranch litigated approximately 85% of her cases before the federal courts and 15% in state courts and other administrative agencies. The vast majority (95%) were in civil proceedings.
Federal judicial service
On August 6, 2009, President Barack Obama announced that he had nominated Stranch to a vacancy on the United States Court of Appeals for the Sixth Circuit, to the seat vacated when Judge Martha Craig Daughtrey assumed senior status on January 1, 2009. Stranch was one of several candidates whom NashvillePost.com had reported in April 2009 was being considered for the seat, along with U.S. District Judge William Joseph Haynes, Jr., U.S. District Judge Bernice B. Donald, Nashville criminal defense attorney David Raybin and Vanderbilt University Law School Professor Lisa Schultz Bressman. In addition, in the February 8, 2009 Nashville Tennessean, Stranch was interviewed by the newspaper about her interest in the vacancy, and she told The Tennessean that "I think there's value in a judge having a great deal of federal experience, but also one who's litigated. I would hope to bring to the bench a fair temperament but also an understanding of what it means to be a litigator in the courts."
After a more than one-year wait, the United States Senate voted on September 13, 2010 with a vote of 71 to 21 in favor of Stranch, who has waited longer than any other Obama nominee for a confirmation from the Senate.
In United States v. Edward L. Young, the Sixth Circuit considered whether a mandatory 15-year sentence, as required under the Armed Career Criminal Act (ACCA) constituted cruel and usual punishment for a convicted felon who possessed seven shotgun shells. Young's prior felony offenses, for burglary, had occurred roughly twenty years before he was found with the shells. On September 11, 2014, a three-judge panel, including Judge Stranch, upheld the sentence. But Judge Stranch wrote a concurrence to express her view on mandatory minimum sentencing: "I therefore join the continuous flood of voices expressing concern that the ACCA and other mandatory minimum laws are ineffective in achieving their purpose and damaging to our federal criminal justice system and our nation. I commend this case as another example of the need to reconsider the ACCA and mandatory sentencing in general."
Stranch's husband, James G. Stranch III, is a Nashville attorney who is a partner in the law firm of Branstetter, Stranch & Jennings. They have four children, including a son, Gerard, who also practices at the firm.
- "Questionnaire for Judicial Nominees" (PDF). United States Senate Committee on the Judiciary. United States Senate. Retrieved August 6, 2010.
- Jane Branstetter Stranch Profile - Branstetter, Stranch & Jennings, PLLC
- Jane Stranch '78 to take seat on U.S. Court of Appeals for the Sixth Circuit, Vanderbilt University Law School News (September 13, 2010).
- President Obama Nominates Jane Stranch for United States Court of Appeals for the Sixth Circuit, Judge Thomas Vanaskie for United States Court of Appeals for the Third Circuit, whitehouse.gov (August 7, 2009).
- Howard, Kate (February 8, 2009). "Obama keeps two Department of Justice appointees selected by Bush". Nashville Tennessean. p. ONLINE edition.
- Whitehouse, Ken (April 1, 2009). "Birch being pushed for TVA". NashvillePost.com. Retrieved September 29, 2009.
- U.S. Senate Roll Call Votes 111th Congress - 2nd Session, Vote Number 230: Confirmation Jane Branstetter Stranch, senate.gov (September 13, 2010).
- Martha Neil (September 13, 2010). "After 1-Year Wait, Judge Jane Stranch Is Confirmed by Senate for 6th Circuit Seat". ABAJournal.com. American Bar Association. Retrieved September 14, 2010.
- Douglas Berman (September 11, 2014). "Sixth Circuit panel finds mandatory 15-year imprisonment term not grossly disproportionate for possession of shotgun shells". Sentencing Law & Policy. Retrieved September 11, 2014.
- James Stranch Profile - Branstetter, Stranch & Jennings, PLLC
- Jane Branstetter Stranch at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
|Judge of the United States Court of Appeals for the Sixth Circuit