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{{Short description|American judge (born 1964)}}
{{Infobox officeholder
|name = Jane Kelly
|image = Judge Jane Kelly (cropped).jpg
|caption = Kelly in 2013
|office = Judge of the [[United States Court of Appeals for the Eighth Circuit]]
|appointer = [[Barack Obama]]
|term_start = April 25, 2013
|term_end =
|predecessor = [[Michael Joseph Melloy]]
|successor =
|birth_name =
|birth_date = {{birth date and age|1964|10|28}}
|birth_place = [[Greencastle, Indiana]], U.S.
|death_date =
|death_place =
|education = [[Duke University]] ([[Bachelor of Arts|BA]])<br />[[Harvard Law School|Harvard University]] ([[Juris Doctor|JD]])
}}

'''Jane Louise Kelly''' (born October 28, 1964) is an American lawyer and jurist serving as a [[United States federal judge|United States circuit judge]] of the [[United States Court of Appeals for the Eighth Circuit]].

==Early life and education==
Kelly was born in 1964 in [[Greencastle, Indiana]]<ref name="fjc.gov">{{cite web|url=https://www.fjc.gov/history/judges/kelly-jane-louise|title=Kelly, Jane Louise|publisher=Federal Judicial Center|work=History of the Federal Judiciary}}</ref> to Richard and Judith C. Kelly.<ref name="Banner-consideration-SCOTUS">{{cite web |last=Bernsee |first=Eric |title=Greencastle native in line to be Justice Scalia successor? |url=https://www.bannergraphic.com/story/2277730.html|website=Banner Graphic |date=February 15, 2016 |access-date=March 2, 2016}}</ref> She was raised in Greencastle and graduated from Greencastle High School in 1983 as co-[[valedictorian]].<ref name="Banner-consideration-SCOTUS"/> She received a [[Bachelor of Arts]] degree, ''summa cum laude'', in 1987, from [[Duke University]], and a [[Juris Doctor]], ''[[cum laude]]'', from [[Harvard Law School]], in 1991.<ref name="Banner-consideration-SCOTUS" /> She studied pediatrics for one year in [[New Zealand]] under a [[Fulbright Program|Fulbright Scholarship]] in between Duke and Harvard.<ref>{{cite web |last=Hopson |first=Thomas |title=Potential nominee: Judge Jane Kelly, former public defender |url=http://www.scotusblog.com/2016/03/potential-nominee-judge-jane-kelly-former-public-defender/ |website=SCOTUSblog |date=March 7, 2016 |access-date=March 8, 2016}}</ref> Her graduating class included [[Barack Obama]].<ref name="Banner-consideration-SCOTUS" />

==Career==
After graduation, Kelly was a [[law clerk]] for [[Donald J. Porter]], chief judge of the [[United States District Court for the District of South Dakota]] in [[Sioux Falls, South Dakota|Sioux Falls]], [[South Dakota]].<ref name="Gazette-first-nomination">{{cite web|last1=Lynch|first1=James Q.|title=Cedar Rapids attorney Jane Kelly nominated to federal appeals court|url=https://www.thegazette.com/2013/01/31/cedar-rapids-attorney-jane-kelly-nominated-to-federal-appeals-court|website=The Gazette|date=January 31, 2013}}</ref> She then clerked for [[David R. Hansen]], a judge of the [[United States Court of Appeals for the Eighth Circuit]].<ref name="Gazette-first-nomination" /> During the 1993–94 academic year, Kelly taught as a visiting instructor at the [[University of Illinois College of Law]].<ref name="Gazette-first-nomination" /><ref name="Bllomberg-bio">{{cite web|title=Jane Kelly Judge, United States Court of Appeals for the Eighth Circuit|url=https://www.bloomberg.com/profiles/people/18030154-jane-louise-kelly|website=Bloomberg Business|access-date=2 March 2016}}</ref><ref name="fjc.gov"/>

Kelly became an [[Federal public defender|assistant federal public defender]] in [[United States District Court for the Northern District of Iowa|the Northern District of Iowa]], in 1994 and served as the supervising attorney in the [[Cedar Rapids, Iowa|Cedar Rapids]], [[Iowa]] office, from 1999 to 2013.<ref name="Whitehouse-nomination">{{cite web|url=https://obamawhitehouse.archives.gov/the-press-office/2013/01/31/president-obama-nominates-two-serve-us-court-appeals|title=President Obama Nominates Two to Serve on the US Court of Appeals|publisher=[[White House Office of the Press Secretary]]|date=January 31, 2013}}</ref><ref>{{cite web|url=http://www.judiciary.senate.gov/nominations/113thCongressJudicialNominations/upload/Kelly-Senate-Questionnaire-Final.pdf|title=Senate Judiciary Committee Nomination Questionnaire|access-date=2013-02-11|archive-url=https://web.archive.org/web/20160223232634/http://www.judiciary.senate.gov/nominations/113thCongressJudicialNominations/upload/Kelly-Senate-Questionnaire-Final.pdf|archive-date=2016-02-23|url-status=dead}}</ref><ref name="fjc.gov"/>

=== Federal judicial service ===
On January 31, 2013, [[President of the United States|President]] [[Barack Obama]] nominated Kelly to serve as a United States Circuit Judge of the [[United States Court of Appeals for the Eighth Circuit]], to the seat vacated by Judge [[Michael Joseph Melloy]], who assumed [[senior status]], on February 1, 2013.<ref name="Whitehouse-nomination" /> Her nomination was reported on a voice vote of the [[United States Senate Committee on the Judiciary|Senate Judiciary Committee]], on March 22, 2013. The Senate confirmed Kelly by a 96–0 vote on April 24, 2013.<ref name="Senate-vote">{{cite web|title=On the Nomination (Confirmation Jane Kelly, of Iowa, to be U.S. Circuit Judge for the Eighth Circuit)|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=1&vote=00108|publisher=United States Senate}}</ref> She received her commission on April 25, 2013.<ref name="fjc.gov"/>

In March 2016, Kelly was reported as a potential nominee for the [[Supreme Court of the United States|Supreme Court]] to replace the vacancy caused by the death of Justice [[Antonin Scalia]].<ref name="NYT-consider-SCOTUS" /><ref>{{cite news |title=Here are judges the White House is considering for the Supreme Court |date=March 7, 2016 |newspaper=[[Washington Post]] |url=https://www.washingtonpost.com/politics/here-are-the-five-judges-the-white-house-is-considering-for-the-supreme-court/2016/03/06/2e785858-e0a4-11e5-9c36-e1902f6b6571_story.html }}</ref> The conservative [[Judicial Crisis Network]] ran ads against her to forestall the nomination.<ref>{{Cite web|url=https://thehill.com/opinion/judiciary/595960-ketanji-brown-jackson-and-the-job-of-a-public-defender?rl=1|title = Ketanji Brown Jackson and the job of a public defender|date = 27 February 2022}}</ref>

==Notable cases==
* In July 2017, Kelly dissented when the ''[[en banc]]'' Eighth Circuit found, by a vote of 7–2, that the [[National Labor Relations Act]] did not protect [[Jimmy John's]] employees from being fired for putting up [[Industrial Workers of the World]] posters seeking [[sick leave]].<ref>{{Bluebook journal |first=|last=Note| title=Recent Case: Eighth Circuit Holds Employee Organizing Activity Unprotected for Disloyalty Despite Lack of “Malicious Motive”| volume=131 | journal=[[Harvard Law Review|Harv. L. Rev.]] | page=1820 | url=https://harvardlawreview.org/wp-content/uploads/2018/04/1820-1827_Online.pdf| year=2018}}</ref>

*On August 23, 2019, Kelly dissented when the Eighth Circuit ruled in favor of a religious exemption from a state's anti-discrimination law.<ref>{{Cite web |url=http://www.adfmedia.org/files/TelescopeMediaOpinion8thCircuit.pdf/ |title=Archived copy |access-date=2019-12-12 |archive-date=2019-10-15 |archive-url=https://web.archive.org/web/20191015190415/http://www.adfmedia.org/files/TelescopeMediaOpinion8thCircuit.pdf |url-status=dead }}</ref>

*On September 4, 2019, Kelly dissented when the Eighth Circuit by a 2–1 vote denied a female student's Title IX claim against her university for failure to protect her against stalking and sexual harassment.<ref>https://cases.justia.com/federal/appellate-courts/ca8/18-2764/18-2764-2019-09-04.pdf?ts=1567611018 {{Bare URL PDF|date=March 2022}}</ref>

*Five days before Election Day 2020, the 8th circuit ruled that all Minnesota ballots received after Election Day should be set aside, leaving it to the district court whether those ballots should be thrown out. Kelly strongly dissented, noting that Minnesota voters had already been informed that ballots received by Election Day could be counted as long as they were postmarked by Election Day.<ref>{{Cite web|url=https://ecf.ca8.uscourts.gov/opndir/20/10/203139P.pdf|title=James Carson; Eric Lucero v. Steve Simon|website=ecf.ca8.uscourts.gov|date=October 29, 2020|access-date=October 6, 2021}}</ref> As state officials urged voters to turn in ballots sooner rather than later as a result of this ruling, only 2,447 ballots arrived after Election Day, causing the plaintiffs to drop their case.<ref>{{Cite web|url=https://www.msn.com/en-us/news/politics/minnesota-received-just-2447-mail-ballots-after-election-day/ar-BB1aZQKu|title=Minnesota received just 2,447 mail ballots after Election Day|website=MSN|date=November 13, 2020|access-date=October 6, 2021}}</ref>

*Kelly authored a June 9, 2021, order that blocked part of a Missouri abortion law that would ban abortion after 8 weeks.<ref>{{Cite web|url=https://s3.documentcloud.org/documents/20804881/6-9-21-8th-circuit-opinion-planned-parenthood-v-parson-missouri.pdf|title=Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., et al v. Governor Michael L. Parson, et al|website=s3.documentcloud.org|date=June 9, 2021|access-date=October 6, 2021}}</ref><ref>{{Cite web|url=https://www.jurist.org/news/2021/06/federal-appeals-court-blocks-missouri-abortion-restrictions/|title=Federal appeals court blocks Missouri abortion restrictions|website=Jurist|date=June 10, 2021|access-date=October 6, 2021}}</ref>

==Personal life==
In 2004, Kelly was attacked while jogging in a park in Cedar Rapids, brutally beaten and left barely conscious; her assailant was never identified.<ref name="NYT-consider-SCOTUS">{{cite news|last1=Hirschfield Davis|first1=Julie|title=White House Said to Be Vetting Iowa Judge for Supreme Court Seat|url=https://www.nytimes.com/2016/03/03/us/politics/white-house-vetting-jane-kelly-judge-supreme-court.html |work=The New York Times|date=2 March 2016|access-date=2 March 2016}}</ref><ref>"[http://wcfcourier.com/news/breaking_news/public-defender-attacked-while-jogging-in-c-r/article_2ba33a48-3420-50dd-bff5-04b9835c2ec4.html Public defender attacked while jogging in C.R.]", ''The Courier'' (June 30, 2004).</ref>

==See also==
*[[Barack Obama Supreme Court candidates]]

==References==
{{Reflist|30em}}

==External links==
*{{FJC Bio|nid=1394186}}
*{{Ballotpedia|Jane_Kelly|Jane Kelly}}

{{s-start}}
{{s-legal}}
{{s-bef|before=[[Michael Joseph Melloy]]}}
{{s-ttl|title={{nowrap|Judge of the [[United States Court of Appeals for the Eighth Circuit]]}}|years=2013–present}}
{{s-inc}}
{{s-end}}

{{USCourtsOfAppealsJudges}}
{{Authority control}}

{{DEFAULTSORT:Kelly, Jane L.}}
[[Category:1964 births]]
[[Category:Living people]]
[[Category:21st-century American judges]]
[[Category:Duke University alumni]]
[[Category:Harvard Law School alumni]]
[[Category:Iowa lawyers]]
[[Category:Judges of the United States Court of Appeals for the Eighth Circuit]]
[[Category:People from Greencastle, Indiana]]
[[Category:People from Sioux Falls, South Dakota]]
[[Category:Public defenders]]
[[Category:United States court of appeals judges appointed by Barack Obama]]
[[Category:University of Illinois faculty]]
[[Category:21st-century American women judges]]
[[Category:Fulbright alumni]]

Jane L. Kelly - Revision history

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