In 2008, Johnstone represented the state of Montana in a case against Canyon Ferry Road Baptist Church. The church, located inEast 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]
On September 2, 2022, PresidentJoe Biden announced his intent to nominate Johnstone to serve as aUnited States circuit judge for theNinth Circuit.[4] On September 6, 2022, his nomination was sent to the Senate. President Biden nominated Johnstone to the seat to be vacated by JudgeSidney R. Thomas, who announced his intent to assumesenior status upon confirmation of a successor.[9] SenatorSteve Daines ofMontana 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 theSenate 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 underRule XXXI, Paragraph 6 of theUnited 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 LeaderChuck Schumer filedcloture 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]
Johnstone, Anthony (September 12, 2012). "Testimony of Anthony Johnstone, Assistant Professor, University of Montana School of Law - Senate Judiciary Committee Hearing on 'The Citizens United Court and the Continuing Importance of the Voting Rights Act'".SSRN2226393.
