Anthony Johnstone

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Anthony Johnstone
Anthony Johnstone.jpg
Solicitor General of Montana
In office
2008–2011
GovernorBrian Schweitzer
Steve Bullock
Personal details
Born
Anthony Devos Johnstone

1973 (age 50–51)
Minneapolis, Minnesota, U.S.
EducationYale University (BA)
University of Chicago (JD)

Anthony Devos Johnstone (born 1973)[1] is an American lawyer who is the nominee to serve as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.

Education

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.[2]

Career

In 1999 and 2000, Johstone served as a law clerk for Judge Sidney R. Thomas. 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. Since 2011, he has worked a professor at the Alexander Blewett III School of Law. He is also a solo practitioner at Johnstone PLLC in Missoula, Montana.[3][4]

Notable cases

  • 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.[5] [6]
  • In 2012, Johnstone was part of a legal team that represented the state of Montana in a case before the Supreme Court of the United States concerning three rivers, the Missouri River, the Madison River, and the Clark Fork River, which flow through Montana and then beyond its borders. The question was whether discrete, identifiable segments of these rivers in Montana were nonnavigable, as federal law defines that concept for purposes of determining whether the State acquired title to the riverbeds underlying those segments, when the State entered the Union in 1889.[7]
  • In 2020, Johnstone was part of a legal team that represented the state of Montana in a case before the Supreme Court of the United States regarding a 2015 law passed by the Montana Legislature. The law sought to provide parental and student choice in education by enacting a scholarship program for students attending private schools. The program grants a tax credit to anyone who donates to certain organizations that in turn award scholarships to selected students attending such schools. When petitioners sought to use the scholarships at a religious school, the Montana Supreme Court struck down the program.[8]

Nomination of the court of appeals

On September 2, 2022, President Joe Biden announced his intent to nominate Johnstone to serve as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.[3] On September 6, 2022, his nomination was sent to the Senate. President Biden will nominate Johnstone to the seat to be vacated by Judge Sidney R. Thomas, who will take senior status upon confirmation of a successor.[9] His nomination is pending before the Senate Judiciary Committee. On October 12, 2022, a hearing on his nomination was held before the Senate Judiciary Committee.[10]

Publications

Articles

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

Forewords

Testimony

References

  1. ^ "Questionnaire for Judicial Nominees" (PDF). United States Senate Committee on the Judiciary. Retrieved October 9, 2022.
  2. ^ "Anthony Johnstone, Helen & David Mason Professor of Law & Affiliated Professor of Public Administration". www.umt.edu. Retrieved September 2, 2022.
  3. ^ a b "President Biden Names Twenty-Sixth Round of Judicial Nominees". The White House. September 2, 2022. Retrieved September 2, 2022.
  4. ^ "Anthony Johnstone". Montana IOE. Retrieved September 2, 2022.
  5. ^ "Canyon Ferry v. Unsworth, 556 F.3d 1021 | Casetext Search + Citator".
  6. ^ "Montana church can keep mum on donations to gay marriage ban, appeals court rules". Los Angeles Times. February 26, 2009.
  7. ^ "PPL Montana, LLC v. Montana, 565 U.S. 576 | Casetext Search + Citator".
  8. ^ "Espinoza v. Montana Dept. Of Revenue, 140 S. Ct. 2246 | Casetext Search + Citator".
  9. ^ Public Domain This article incorporates text from this source, which is in the public domain: "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. September 6, 2022.
  10. ^ "Nominations". Washington, D.C.: United States Senate Committee on the Judiciary. October 9, 2022.
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