The U.S. Senate has recently confirmed Anthony Johnstone, a law professor, as the newest judge for the 9th U.S. Circuit Court of Appeals. This appointment marks President Joe Biden’s seventh nominee to the prestigious court. The Senate voted 49-45 in favor of Johnstone’s confirmation, solidifying his position as Montana’s sole representative on the circuit court, which encompasses not only Montana but also eight other western states.
Anthony Johnstone brings an impressive background to the bench. As a former solicitor in Montana and a professor at the University of Montana, he has gained extensive experience and knowledge in the legal field. Johnstone’s nomination received high praise from Senate Democrat Chuck Schumer, who lauded him on the Senate floor. Schumer even shared a letter from former members of the Montana Supreme Court, who referred to Johnstone as “the finest and most respected legal scholar in the state of Montana.”
Despite his strong qualifications, Johnstone faced skepticism from Republican Senator Steve Daines due to concerns regarding his stance on the 2nd Amendment. Daines criticized the nominee’s record on gun rights, prompting Johnstone to address the issue during an October Senate hearing. Johnstone assured the committee that he would uphold recent U.S. Supreme Court rulings that have expanded gun rights.
The confirmation process for judicial nominees has traditionally involved obtaining “blue slips,” which represent approval from the nominees’ home state senators. However, under the Trump administration, the Republican-controlled Senate Judiciary Committee discontinued this practice for appeals court nominees. As a result, unlike district court judges, Johnstone’s confirmation did not require blue slips.
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In contrast, the blue slip tradition is still upheld for district court judges. In April, Mississippi Senator Cindy Hyde-Smith announced her lack of support for Biden’s pick, Scott Colom, for a district judgeship in her state. This decision by Hyde-Smith has likely hindered the nomination of the local prosecutor, emphasizing the continued significance of blue slips in district court appointments.
The absence of Senator Dianne Feinstein, a member of the Senate Judiciary Committee, since March due to health issues has posed challenges for Senate Democrats in advancing Biden’s judicial nominees. Without Feinstein’s presence, the panel lacks votes to bring judges to the Senate floor without Republican support. Consequently, Senate Democrat leader Chuck Schumer proposed a temporary replacement for Feinstein on the committee with Maryland Senator Ben Cardin. However, Senate Republican leader Mitch McConnell has expressed opposition to this move, stating that his party will block any attempts to expedite the confirmation of judges by Democrats.
Despite these obstacles, Schumer remains determined to advance Biden’s judicial nominees. He announced that the Senate would consider several other nominees throughout the week, indicating ongoing efforts to fill vacancies in the federal judiciary.
In summary, the U.S. Senate’s recent confirmation of Anthony Johnstone, a respected law professor, as a judge for the 9th U.S. Circuit Court of Appeals showcases President Biden’s commitment to shaping the judiciary. Johnstone’s appointment adds to the diversity and expertise of the court, ensuring fair and balanced decisions for the nine western states within its jurisdiction. Although challenges persist, Schumer and Senate Democrats remain focused on advancing Biden’s judicial nominees to strengthen the federal judiciary and uphold the rule of law.