Anthony Devos Johnstone

Anthony Devos Johnstone (born 1973) is an active United States circuit judge on the Ninth Circuit Court of Appeals. Appointed by President Joseph R. Biden, he received his commission in May 2023 and occupies a seat previously held by Judge Sidney R. Thomas. Prior to joining the federal bench, Johnstone built a career that combined private practice, state government service, and legal academia, with particular emphasis on election law, campaign‑finance regulation, and constitutional issues.

Early life and legal career

Anthony Johnstone was born in 1973. He pursued his undergraduate studies at Yale University, where he earned a Bachelor of Arts degree in 1995. Following graduation, he worked as a paralegal for the Washington, D.C., law firm Arnold & Porter from 1995 until 1996, gaining early exposure to federal litigation practice.

Johnstone continued his legal education at the University of Chicago Law School, graduating with honors and receiving a Juris Doctor in 1999. After completing law school, he returned to the Ninth Circuit for a one‑year clerkship with Judge Sidney R. Thomas, an experience that introduced him to appellate procedure and judicial decision‑making.

From 2000 to 2003, Johnstone practiced as a litigation associate at Cravath, Swaine & Moore in New York City, where he worked on complex commercial disputes. He then shifted his focus to public service, joining the Montana Department of Justice as an assistant attorney general from 2004 to 2008. In that capacity, he represented state interests in a variety of civil matters and began developing expertise in constitutional litigation.

In 2008, Johnstone was appointed Solicitor General of Montana, a role he held until 2011. As the state's chief appellate advocate, he argued on behalf of Montana before both state and federal courts, including cases that touched on campaign‑finance disclosure requirements and religious‑freedom claims. One notable matter involved representing Montana in litigation against Canyon Ferry Road Baptist Church concerning the application of the state's campaign‑finance reporting statutes to a religious organization.

After completing his tenure as solicitor general, Johnstone entered academia. From 2011 through 2023 he served as a professor at the Alexander Blewett III School of Law at the University of Montana. While teaching, he maintained an active scholarly output, publishing articles on election law, campaign‑finance regulation, and constitutional theory in journals such as the *Election Law Journal*, *Yale Law & Policy Review*, and the *University of Pennsylvania Law Review Online*. He also contributed forewords and testified before congressional committees on matters related to voting rights and campaign finance.

During his academic career, Johnstone operated a solo law practice, Johnstone PLLC, based in Missoula, Montana. The firm allowed him to continue representing clients in civil litigation while remaining engaged with the legal community through both practical and scholarly avenues. He has been affiliated with two prominent professional organizations: the Federalist Society, which promotes an originalist approach to constitutional interpretation, and the American Constitution Society, a group that emphasizes progressive perspectives on constitutional law.

Johnstone married Autumn Helene Devos in 2004, further establishing his personal ties to Montana.

Federal appellate service

President Joseph R. Biden announced his intent to nominate Johnstone to the Ninth Circuit on September 2, 2022. The nomination was formally transmitted to the United States Senate on September 6, 2022, designating him as the successor to Judge Sidney R. Thomas, who had indicated plans to assume senior status upon confirmation of a replacement.

The nomination generated partisan scrutiny. Senator Steve Daines of Montana expressed concerns that Johnstone’s background reflected excessive political involvement and criticized the administration for insufficient consultation with the state’s congressional delegation. Nonetheless, the Senate Judiciary Committee scheduled a hearing on October 12, 2022, during which committee members questioned Johnstone about his views on election integrity and religious‑freedom issues.

Following the hearing, the committee reported the nomination favorably by an 11–10 vote on December 1, 2022. The nomination was returned to the President under Senate Rule XXXI at the close of the 117th Congress but was promptly renominated on January 3, 2023. Subsequent committee action produced a tied 10–10 vote on February 2, 2023; however, the following week the committee again reported the nomination favorably by an 11–10 margin.

The full Senate considered cloture on Johnstone’s appointment on April 27, 2023, invoking it with a 50–45 vote. The confirmation vote took place two days later, resulting in a 49–45 affirmation of his nomination. He received his judicial commission on May 5, 2023 and began serving as an active circuit judge for the Ninth Circuit, which covers a broad geographic region including Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

Jurisprudence and legacy

Although Judge Johnstone’s tenure on the appellate bench is in its early stages, his prior scholarly work provides insight into the legal themes that have shaped his professional perspective. His publications repeatedly address the balance between transparency in political financing and constitutional protections of speech and association. Articles such as “The System of Campaign Finance Disclosure” (Iowa Law Review Bulletin) and “Recalibrating Campaign Finance Law” (Yale Law & Policy Review) argue for nuanced regulatory frameworks that seek to inform the electorate while respecting First‑Amendment rights.

Johnstone’s interest in election law extends to procedural integrity, as reflected in his piece “Outside Influence” published in the *Election Law Journal*. He has examined mechanisms by which information is compelled from entities subject to regulation, a topic explored in “Commandeering Information (and Informing the Commandeered)” (University of Pennsylvania Law Review Online). These writings suggest a consistent focus on how legal structures can both empower democratic participation and safeguard individual liberties.

His tenure as Montana’s solicitor general involved defending state statutes against constitutional challenges, notably in matters involving religious organizations’ obligations under campaign‑finance disclosure laws. While the outcomes of those cases are not detailed here, his involvement indicates practical experience navigating the intersection of religious freedom claims and governmental regulatory authority.

In academia, Johnstone contributed to discussions on the historical foundations of American governance, as seen in his foreword “The State of the Republican Form of Government in Montana” (Montana Law Review). He also engaged with broader constitutional debates through testimony before the Senate Judiciary Committee concerning the Citizens United decision and the ongoing relevance of the Voting Rights Act.

Johnstone’s dual affiliation with both the Federalist Society and the American Constitution Society underscores a professional engagement with a spectrum of interpretive philosophies. This breadth may inform his approach to appellate adjudication, allowing him to consider arguments from multiple doctrinal perspectives while adhering to the principle that judges must apply the law impartially.

As an educator at the University of Montana School of Law for over a decade, Johnstone mentored future lawyers and contributed to curriculum development in areas such as constitutional law and civil procedure. His combined experience as a practitioner, government lawyer, scholar, and teacher equips him with a multifaceted understanding of the legal system that is likely to influence his contributions to Ninth Circuit jurisprudence.

The long‑term impact of Judge Johnstone’s service will become clearer as he authors opinions on cases spanning federal statutory interpretation, constitutional challenges, and complex civil litigation within the circuit’s jurisdiction. His background suggests particular expertise in matters involving election law, campaign finance, and the balance between governmental authority and individual rights—areas that frequently arise before the Ninth Circuit. Observers will watch how his scholarly viewpoints translate into judicial reasoning, contributing to the development of precedent across a diverse and populous region of the United States.