Minnesota’s federal bench has a new chief judge.
Eric Tostrud on Wednesday was named the District of Minnesota’s new top judge, taking over for U.S. District Chief Judge Patrick Schiltz, who announced last year that he would assume senior status, a form of semi-retirement, starting July 1.
Tostrud has served on Minnesota’s federal bench since 2018 after being nominated by President Donald Trump during his first term and clearing the Senate by a unanimous vote.
A St. Paul native, Tostrud graduated from the William Mitchell College of Law and went on to clerk for former Judge Edward J. Devitt and Judge George E. MacKinnon at the U.S. Court of Appeals for the District of Columbia Circuit.
His entire career as an attorney was spent handling complex litigation focused on health care, insurance coverage and fraud at the Lockridge Grindal Nauen firm. He also taught as an adjunct professor at the William Mitchell College of Law and the University of Minnesota Law School. He founded St. Olaf College’s Kloeck-Jenson Endowment for Peace and Justice Studies, a program that funds social entrepreneurship and public service opportunities for students.
Tostrud assumes the role at a time when Minnesota’s federal bench continues to see fallout from Operation Metro Surge, which brought a number of high-profile legal fights and a flood of immigration cases to the courts.
Schiltz, his predecessor, emerged as a critic of the Trump administration’s tactics during the height of the operation as immigration cases strained attorneys and, at times, led to civil contempt findings. The frustration came to a head when Schiltz ordered then-acting director of ICE, Todd Lyons, to his courtroom to explain mishandling of immigration cases. Schiltz backed off from the threat after the agency fulfilled his conditions.
Most recently, Schiltz issued another blow to the Justice Department by blocking a half-dozen subpoenas against Gov. Tim Walz, Minneapolis Mayor Jacob Frey and other elected officials. Schiltz, a George W. Bush appointee, ruled the subpoenas were politically motivated, unconstitutional and without merit.
In a final note to the court, Schiltz recalled that he assumed the role of chief judge four years ago with the aspiration to be the “Benjamin Harrison” of chief judges, referring to the former U.S. president that “no one remembers because nothing of note happened during his term.”
“God laughed,” he wrote. Schiltz said a number of challenges had hit the courts even before Metro Surge, including high-risk fraud and gang trials. “Our work is not done, but fortunately the Court is in good hands.”
Schiltz said Tostrud served as an important consult and partner over the last four years.
“He is wise, unselfish, hardworking, unflappable, honest, and courageous,” Schiltz wrote. “He will be a great Chief Judge.”
Minnesota’s Republican congressional delegation in February recommended two candidates to fill the seat on the bench left by Schiltz. U.S. Reps. Tom Emmer, Pete Stauber, Michelle Fischbach and Brad Finstad recommended Minneapolis attorney David Asp, a partner at Lockridge Grindal Nauen, and Jamie Anderson, a Minnesota District Court Judge.
