Anthony Johnstone

Anthony Devos Johnstone (né Anthony Cameron Johnstone;[lower-alpha 1] born 1973)[1] is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.

Anthony Johnstone
Judge of the United States Court of Appeals for the Ninth Circuit
Assumed office
May 5, 2023
Appointed byJoe Biden
Preceded bySidney R. Thomas
Solicitor General of Montana
In office
2008–2011
GovernorBrian Schweitzer
Personal details
Born
Anthony Cameron Johnstone

1973 (age 49–50)
Minneapolis, Minnesota, U.S.
Spouse
Helene Autumn Devos
​
(m. 2004)​
EducationYale University (BA)
University of Chicago (JD)

Early life

Johnstone earned a Bachelor of Arts degree from Yale University in 1995 and a Juris Doctor from the University of Chicago Law School in 1999.[3] He married Helen Autumn Devos in 2004.[2]

Career

In 1999 and 2000, Johstone served as a law clerk for Judge Sidney R. Thomas of the United States Court of Appeals for the Ninth Circuit. From 2000 to 2003, he was a litigation associate at Cravath, Swaine & Moore in New York City. From 2004 to 2008, he served as an assistant attorney general in the Montana Department of Justice. From 2008 to 2011, he served as Solicitor General of Montana. From 2011 to 2023, he worked as a professor at the Alexander Blewett III School of Law. He was a solo practitioner at Johnstone PLLC in Missoula, Montana.[4][5] Johnstone has been a member of the Federalist Society and the American Constitution Society.[1][6]

In 2008, Johnstone represented the state of Montana in a case against Canyon Ferry Road Baptist Church. The church, located in East Helena, Montana, believed that marriage may exist only between one man and one woman. The church challenged certain provisions of Montana's campaign finance law requiring reporting and disclosure of campaign contributions or expenditures.[7][8]

Federal judicial service

On September 2, 2022, President Joe Biden announced his intent to nominate Johnstone to serve as a United States circuit judge for the Ninth Circuit.[4] On September 6, 2022, his nomination was sent to the Senate. President Biden nominated Johnstone to the seat to be vacated by Judge Sidney R. Thomas, who announced his intent to assume senior status upon confirmation of a successor.[9] Senator Steve Daines of Montana opposed his nomination, saying that Johnstone was too political and partisan to be a judge and that the White House had not adequately consulted him on the nomination.[10][11][12][13][14] On October 12, 2022, a hearing on his nomination was held before the Senate Judiciary Committee.[15] He was questioned about his views on election integrity and religious freedom issues.[16]On December 1, 2022, his nomination was favorably reported by the committee by an 11–10 vote.[17] On January 3, 2023, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate; he was renominated later the same day.[18] On February 2, 2023, the committee failed to report his nomination by a 10–10 vote.[19] On February 9, 2023, his nomination was favorably reported by the committee by an 11–10 vote.[20] On April 25, 2023, Majority Leader Chuck Schumer filed cloture on his nomination.[21] On April 27, 2023, the Senate invoked cloture on his nomination by a 50–45 vote.[22] On May 1, 2023, his nomination was confirmed by a 49–45 vote.[23] He received his judicial commission on May 5, 2023.[24]

Publications

Articles
  • Johnstone, Anthony (December 11, 2013). "Outside Influence". 13 Election Law Journal 117. Rochester, NY. SSRN 2379171.
  • Johnstone, Anthony (July 18, 2013). "The System of Campaign Finance Disclosure". 99 Iowa Law Review Bulletin. Rochester, NY. SSRN 2295545.
  • Johnstone, Anthony (December 3, 2013). "Recalibrating Campaign Finance Law". 32 Yale Law & Policy Review 217 (2013). Rochester, NY. SSRN 2394937.
  • Johnstone, Anthony (March 25, 2013). "Commandeering Information (and Informing the Commandeered)". University of Pennsylvania Law Review Online. Rochester, NY. 161: 205. SSRN 2244191.
  • Johnstone, Anthony (October 31, 2011). "A Madisonian Case for Disclosure". George Mason Law Review. Rochester, NY. 19 (2). SSRN 1967196.
  • Johnstone, Anthony (June 1, 2010). "The Constitutional Initiative in Montana". Montana Law Review. Rochester, NY. 71: 325. SSRN 1623249.
  • Johnstone, Anthony (August 1, 2009). "Captive Regulators, Captive Shippers: The Legacy of Mccarty Farms". Montana Law Review. Rochester, NY. 70: 239. SSRN 1604922.
  • Johnstone, Anthony (April 1, 1998). "Peremptory Pragmatism: Religion and the Administration of the Batson Rule". University of Chicago Legal Forum. Rochester, NY: 441. SSRN 1604909.

Forewords

Testimony

See also

Notes
  1. Prior to his marriage in 2004.[1][2]

References
  1. "Questionnaire for Judicial Nominees" (PDF). United States Senate Committee on the Judiciary. Retrieved October 9, 2022.
  2. "For The Record". The Independent-Record (Helena, Montana). July 28, 2004.
  3. "Anthony Johnstone, Helen & David Mason Professor of Law & Affiliated Professor of Public Administration". www.umt.edu. Retrieved September 2, 2022.
  4. "President Biden Names Twenty-Sixth Round of Judicial Nominees". The White House. September 2, 2022. Retrieved September 2, 2022.
  5. "Anthony Johnstone". Montana IOE. Retrieved September 2, 2022.
  6. Crawley, John (May 1, 2023). "Biden Pick from Conservative Montana Confirmed to Ninth Circuit". news.bloomberglaw.com. Retrieved May 15, 2023.
  7. "Canyon Ferry v. Unsworth, 556 F.3d 1021 | Casetext Search + Citator".
  8. "Montana church can keep mum on donations to gay marriage ban, appeals court rules". Los Angeles Times. February 26, 2009.
  9. "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. September 6, 2022.
  10. "DAINES STATEMENT ON BIDEN'S NINTH CIRCUIT JUDICIAL NOMINEE ANTHONY JOHNSTONE" (Press release). December 9, 2022. Retrieved May 1, 2023.
  11. "Tester's office says Daines created political division he publicly criticized". December 3, 2022.
  12. Crawley, John. "Biden Pick from Conservative Montana Confirmed to Ninth Circuit". news.bloomberglaw.com. Retrieved May 2, 2023.
  13. Thomsen, Jacqueline. "US Senate confirms Montana law professor as Biden's latest 9th Circuit judge". reuters.com. Retrieved May 2, 2023.
  14. "Senate confirms UM law professor Johnstone as judge for 9th Circuit U.S. Court of Appeals". ravallirepublic.com. Retrieved May 2, 2023.
  15. "Nominations". Washington, D.C.: United States Senate Committee on the Judiciary. October 9, 2022.
  16. Raymond, Nate (October 12, 2022). "With Congress out of town, U.S. Senate panel plows ahead on judicial nominees". Reuters.
  17. "Results of Executive Business Meeting – December 1, 2022" (PDF). United States Senate Committee on the Judiciary. Retrieved December 1, 2022.
  18. "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. January 3, 2023.
  19. "Results of Executive Business Meeting – February 2, 2023" (PDF). United States Senate Committee on the Judiciary. Retrieved February 2, 2023.
  20. "Results of Executive Business Meeting – February 9, 2023" (PDF). United States Senate Committee on the Judiciary. Retrieved February 9, 2023.
  21. "PN89 — Anthony Devos Johnstone — The Judiciary". Congress.gov. Retrieved July 7, 2023.
  22. "On the Cloture Motion (Motion to Invoke Cloture: Anthony Devos Johnstone to be United States Circuit Judge for the Ninth Circuit)". United States Senate. April 27, 2023. Retrieved April 27, 2023.
  23. "On the Nomination (Confirmation: Anthony Devos Johnstone, of Montana, to be United States Circuit Judge for the Ninth Circuit)". United States Senate. May 1, 2023. Retrieved May 1, 2023.
  24. Anthony Johnstone at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.


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