Roberto Lange

Born in Pamplona, Spain, Lange was raised on a family farm near Madison, South Dakota.Zach Anderson, [http://www.zwire.com/site/news.cfm?newsid=20345709&BRD=1302&PAG=461&dept_id=181987&rfi=6 Lange nominated to serve in Federal District Court], The Madison Daily Leader (July 15, 2009). Lange earned a Bachelor of Arts degree from the University of South Dakota in 1985 where he graduated magna cum laude as a University Scholar having received the McGovern-Abourezk Human Rights Award.{{cite web | url=http://www.congress.gov/nomination/111th-congress/716 | title=PN716 - Nomination of Roberto A. Lange for the Judiciary, 111th Congress (2009-2010) | date=21 October 2009 }} He attended Northwestern University School of Law and received his Juris Doctor in 1988, cum laude.

During his time at law school, Lange worked as an editor and board member for the Northwestern University Law Review, represented the law school on the Jessup International Moot Court team and board, and graduated with the Order of the Coif distinction as within the top ten percent of his class.

After graduating law school, Lange worked as a law clerk in 1988 and 1989 for Judge Donald J. Porter, of the District of South Dakota. Lange then joined the law firm Davenport, Evans, Hurwitz & Smith{{cite web|url=http://www.dehs.com/|title=Davenport Evans Lawyers in Sioux Falls, SD -Davenport, Evans, Hurwitz & Smith, LLP|publisher=}} in Sioux Falls, South Dakota, in 1989.

Lange became a partner in 1993, and later served as the head of the firm's litigation section. Lange specialized in complex commercial litigation, products liability, and personal injury cases, class action, and ERISA litigation. During his twenty years with the firm, he handled business disputes for individuals, small businesses, and nationally known clients.{{Citation |title=Lange Recommended for Federal Judgeship |url=http://www.dehs.com/home/2009_news_archive/lange_recommended_for_federal_judgeship |archive-url=https://web.archive.org/web/20110709010822/http://www.dehs.com/home/2009_news_archive/lange_recommended_for_federal_judgeship |url-status=dead |archive-date=2011-07-09}}

In 2005, Lange argued the case of Rhines v. Weber544 U.S. 269, 125 S. Ct. 1528 (2005). in front of the Supreme Court of the United States. As court-appointed counsel for a death-row inmate, he presented the issue of whether a federal court may stay a section 2254 habeas corpus petition which included exhausted and unexhausted claims. The Supreme Court ruled in favor of Lange's client, by a 9–0 vote, reversed the Court of Appeals for the Eighth Circuit, and allowed the district court to stay Rhines' petition. Ultimately, in 2019, Rhines was executed.{{cite web|url=https://www.cbsnews.com/news/south-dakota-execution-today-charles-rhines-executed-for-fatally-stabbing-co-worker-2019-11-04/|title=Convicted killer Charles Rhines executed in South Dakota for stabbing co-worker in 1992|website=cbsnews.com|date=November 4, 2019|access-date=August 20, 2021}}

Upon the recommendation of U.S. Senator Tim Johnson, President Barack Obama nominated Lange to a vacant seat on the United States District Court for the District of South Dakota on July 8, 2009, that had been created by Judge Charles B. Kornmann assuming senior status.[https://obamawhitehouse.archives.gov/the_press_office/President-Obama-Nominates-Irene-Berger-Roberto-Lange-to-Serve-on-the-District-Court-Bench/ President Obama Nominates Irene Berger, Roberto Lange to Serve on the District Court Bench] {{webarchive|url=https://web.archive.org/web/20090715034909/http://www.whitehouse.gov/the_press_office/President-Obama-Nominates-Irene-Berger-Roberto-Lange-to-Serve-on-the-District-Court-Bench/ |date=2009-07-15 }}, whitehouse.gov (July 8, 2009). The American Bar Association Standing Committee on the Judicial Nominations voted unanimously to rate Lange as "well qualified." The United States Senate Committee on the Judiciary reported Lange's nomination out of committee on October 1, 2009.{{cite web |url=http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/Materials111thCongress.cfm |title=Judicial Nomination Materials: 111th Congress |access-date=2016-02-27 |url-status=dead |archive-url=https://web.archive.org/web/20091104001316/http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/Materials111thCongress.cfm |archive-date=2009-11-04 }} The United States Senate confirmed Lange by a 100–0 vote on October 21, 2009.{{cite web |title=On the Nomination (Confirmation Roberto A. Lange, of South Dakota, to be U.S. District Judge) |url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00324 |website=US Senate |access-date=7 January 2022}} He received his commission the same day. He became chief judge on January 1, 2020.[https://www.uscourts.gov/judicial-milestones/roberto-lange "Judicial Milestones: Roberto Lange, uscourts.gov]

In March 2020, Lange interpreted the 1868 Treaty of Fort Laramie in light of congressional enactments and the federal government's trust obligation to American Indian tribes to require the federal government to provide the Rosebud Sioux Tribe with "competent physician-led health care" in a suit that followed the Indian Health Services having close the emergency department of the lone medical facility on the reservation.{{cite web |url=https://www.argusleader.com/story/news/2020/03/31/judge-roberto-lange-rosebud-tribal-members-have-treaty-claim-health-care/5098957002/ |title=Judge: Rosebud tribal members have treaty claim for health care}} Lange however ruled that the State of South Dakota, and not the Cheyenne River Sioux Tribe, was granted the statutory right to set the speed limit on a United States Highway crossing through a reservation.{{cite web|url=https://www.keloland.com/news/capitol-news-bureau/u-s-judge-rules-for-south-dakota-in-dispute-with-crst-chairman-on-speed-limit-through-la-plant |title=U.S. Judge rules for South Dakota in dispute with CRST chairman on speed limit through la Plant |date=29 October 2020 }}

On June 2, 2021, Lange ruled against South Dakota Governor Kristi Noem's efforts to have fireworks at Mount Rushmore, finding four of the five reasons given by the National Park Service and Department of the Interior Secretary Deb Haaland were valid.{{cite web |date=April 30, 2021 |title=Judge rules against Noem in fireworks lawsuit |url=https://www.keloland.com/keloland-com-original/judge-rules-against-noem-in-fireworks-lawsuit/ |url-status=dead |archive-url=https://web.archive.org/web/20210731200245/https://www.keloland.com/keloland-com-original/judge-rules-against-noem-in-fireworks-lawsuit/ |archive-date=July 31, 2021 |access-date=August 20, 2021 |publisher=keloland.com}}

Before the 2022 election, Lange granted a preliminary injunction on a showing that Lyman County in South Dakota had violated the Voting Rights Act by their five at-large commissioner districts, which had prevented the Lower Brule Sioux Tribe, though constituting 40% of the county's population, from ever electing a county commissioner.{{cite web |last=Wicks |first=Victoria |title=Federal judge orders Lyman County to remediate Lower Brule voting rights violations |url=https://www.listen.sdpb.org/crime-courts/2022-08-16/federal-judge-orders-lyman-county-to-remediate-lower-brule-voting-rights-violations |url-status=dead |archive-url=https://web.archive.org/web/20220926152911/https://www.listen.sdpb.org/crime-courts/2022-08-16/federal-judge-orders-lyman-county-to-remediate-lower-brule-voting-rights-violations |archive-date=September 26, 2022 |website=South Dakota Public Broadcasting}} Lange ultimately allowed the 2022 election of commissioners to proceed under a plan that resolved the Voting Rights Act violation by 2024.{{Cite web |last=Todd |first=Annie |title=Federal judge rules Lyman County election to go forward after Lower Brule Sioux tribe filed VRA lawsuit |url=https://www.argusleader.com/story/news/politics/2022/09/07/lyman-county-commission-election-go-ahead-lower-brule-sioux-lawsuit/8010687001/ |access-date=2025-04-11 |website=Argus Leader |language=en-US}}

In April 2020, Lange issued a 106-page decision finding that five of six plaintiffs who had been forcibly catheterized at the direction of South Dakota law enforcement had viable claims for violation of their Fourth Amendment protections against unreasonable searches and seizures.{{cite web|url=https://www.argusleader.com/story/news/2020/04/29/judge-south-dakotas-forced-catheterizations-violated-constitution/3049693001/ |title=Judge: Forced catheterizations by South Dakota law enforcement violated Constitution }} Lange wrote that "Defendants' need to obtain plaintiffs' urine to prove low-level drug crimes did not justify subjecting the plaintiffs to involuntary catheterization, a highly invasive--and in these cases--degrading medical procedure."

Lange in February 2014 testified before the United States Sentencing Commission on implementation of the Violence Against Women Act of 2013.{{cite web |url=http://www.ussc.gov/amendment-process/public-hearings-and-meetings/20140213/agenda-february-13-2014. |title= Agenda from February 13, 2014 | United States Sentencing Commission|website=www.ussc.gov |archive-url=https://web.archive.org/web/20150217220246/http://www.ussc.gov/amendment-process/public-hearings-and-meetings/20140213/agenda-february-13-2014 |archive-date=2015-02-17}} Lange's criminal case load is the highest among federal judges for Native American defendants and violent crime from reservations. Lange served on the national Tribal Issues Advisory Group,{{cite web |title=RE: American Indian Sentencing Advisory Group |url=http://www.ussc.gov/sites/default/files/pdf/amendment-process/public-comment/20141020/public-comment-JudgeLange.pdf. |url-status=dead |archive-url=https://web.archive.org/web/20150326232137/http://www.ussc.gov/sites/default/files/pdf/amendment-process/public-comment/20141020/public-comment-JudgeLange.pdf |archive-date=March 26, 2015 |website=United States Sentencing Commission}} and testified before the Sentencing Commission in July 2016 concerning the report of the Tribal Issues Advisory Group.{{cite web|url=http://www.ussc.gov/policymaking/meetings-hearings/public-hearing-july-21-2016|title=Public Hearing – July 21, 2016|date=6 June 2016|publisher=}}

{{Reflist}}

• {{FJC Bio|nid=1392946}}
• {{Ballotpedia|Roberto_Lange}}

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{{s-bef|before=Charles B. Kornmann}}

{{s-ttl|title={{nowrap|Judge of the United States District Court for the District of South Dakota}}|years=2009–present}}

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{{s-bef|before=Jeffrey L. Viken}}

{{s-ttl|title={{nowrap|Chief Judge of the United States District Court for the District of South Dakota}}|years=2020–present}}

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{{United States 8th Circuit district judges}}

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Category:1963 births

Category:Judges of the United States District Court for the District of South Dakota

Category:Living people

Category:Northwestern University Pritzker School of Law alumni

Category:People from Madison, South Dakota

Category:People from Pamplona

Category:United States district court judges appointed by Barack Obama

Category:University of South Dakota alumni