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=== Federal judicial service ===
On September 2, 2022, President [[Joe Biden]] announced his intent to nominate Johnstone to serve as a [[United States federal judge|United States circuit judge]] offor the [[United States Court of Appeals for the Ninth Circuit|Ninth Circuit]].<ref name="Nom" /> 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.<ref>{{Cite press release|title=Nominations Sent to the Senate|date=September 6, 2022|publisher=The White House|location=Washington, D.C.|url=https://www.whitehouse.gov/briefing-room/statements-releases/2022/09/06/nominations-sent-to-the-senate-80/}}</ref> 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.<ref>{{Cite press release|title=DAINES STATEMENT ON BIDEN’S NINTH CIRCUIT JUDICIAL NOMINEE ANTHONY JOHNSTONE|date=December 9, 2022|url=https://www.daines.senate.gov/2022/12/09/daines-statement-on-bidens-ninth-circuit-judicial-nominee-anthony-johnstone/|access-date=May 1, 2023}}</ref><ref>{{Cite web|title=Tester's office says Daines created political division he publicly criticized|date=December 3, 2022 |url=https://dailymontanan.com/2022/12/02/testers-office-says-daines-created-political-division-he-publicly-criticized/}}</ref><ref>{{Cite news|last=Crawley|first=John|title=Biden Pick from Conservative Montana Confirmed to Ninth Circuit|url=https://news.bloomberglaw.com/us-law-week/biden-pick-from-conservative-montana-confirmed-to-ninth-circuit|access-date=May 2, 2023|website=news.bloomberglaw.com|language=en}}</ref><ref>{{Cite news|last=Thomsen|first=Jacqueline|title=US Senate confirms Montana law professor as Biden's latest 9th Circuit judge|url=https://www.reuters.com/legal/government/us-senate-confirms-montana-law-professor-bidens-latest-9th-circuit-judge-2023-05-01/|access-date=May 2, 2023|website=reuters.com|language=en}}</ref><ref>{{Cite news|title=Senate confirms UM law professor Johnstone as judge for 9th Circuit U.S. Court of Appeals|url=https://ravallirepublic.com/news/state-and-regional/senate-confirms-um-law-professor-johnstone-as-judge-for-9th-circuit-u-s-court-of/article_fced59f1-a3f2-5fea-a3ed-1436c04d46a3.html|access-date=May 2, 2023|website=ravallirepublic.com|language=en}}</ref> On October 12, 2022, a hearing on his nomination was held before the [[United States Senate Committee on the Judiciary|Senate Judiciary Committee]].<ref>{{Cite web|title=Nominations|date=October 9, 2022|publisher=[[United States Senate Committee on the Judiciary]]|location=Washington, D.C.|url=https://www.judiciary.senate.gov/meetings/10/12/2022/nominations}}</ref> He was questioned about his views on election integrity and religious freedom issues.<ref>{{Cite news|title=With Congress out of town, U.S. Senate panel plows ahead on judicial nominees|newspaper=Reuters |date=October 12, 2022 |url=https://www.reuters.com/legal/government/with-congress-out-town-us-senate-panel-plows-ahead-judicial-nominees-2022-10-12/|last1=Raymond|first1=Nate}}</ref> On December 1, 2022, his nomination was favorably reported outby ofthe committee by an 11–10 vote, with Senator [[Lindsey Graham]] passing on the vote.<ref>{{cite web|url=https://www.judiciary.senate.gov/imo/media/doc/EBM%20Results%20-%202022-12-011.pdf|title=Results of Executive Business Meeting – December 1, 2022|publisher=United States Senate Committee on the Judiciary|accessdate=December 1, 2022}}</ref> On January 3, 2023, his nomination was returned to the President under [[Standing Rules of the United States Senate, Rule XXXI|Rule XXXI, Paragraph 6]] of the [[United States Senate]]; he was renominated later the same day.<ref>{{Cite press release|title=Nominations Sent to the Senate|date=January 3, 2023|publisher=The White House|location=Washington, D.C.|url=https://www.whitehouse.gov/briefing-room/statements-releases/2023/01/03/nominations-sent-to-the-senate-91/}}</ref> On February 2, 2023, the committee werefailed deadlockedto onreport his nomination by a 10–10 vote, which means that her nomination cannot be advanced on a deadlocked vote without the decisive vote to move forward.<ref>{{cite web|url=https://www.judiciary.senate.gov/imo/media/doc/EBM%20Results%20-%202023-02-021.pdf|title=Results of Executive Business Meeting – February 2, 2023|publisher=United States Senate Committee on the Judiciary|accessdate=February 2, 2023}}</ref> On February 9, 2023, his nomination was favorably reported outby ofthe committee by an 11–10 vote.<ref>{{cite web|url=https://www.judiciary.senate.gov/imo/media/doc/2023-02-09%20-%20EBM%20-%20Results.pdf|title=Results of Executive Business Meeting – February 9, 2023|publisher=United States Senate Committee on the Judiciary|access-date=February 9, 2023}}</ref> On April 25, 2023, Majority Leader [[Chuck Schumer]] filed [[cloture]] on his nomination.<ref>{{Cite web |title=PN89 — Anthony Devos Johnstone — The Judiciary |url=https://www.congress.gov/nomination/118th-congress/89 |access-date=2023-07-07 |website=Congress.gov}}</ref> On April 27, 2023, the Senate invoked cloture on his nomination by a 50–45 vote.<ref>{{Cite web|date=April 27, 2023|title=On the Cloture Motion (Motion to Invoke Cloture: Anthony Devos Johnstone to be United States Circuit Judge for the Ninth Circuit)|url=https://www.senate.gov/legislative/LIS/roll_call_votes/vote1181/vote_118_1_00100.htm|access-date=April 27, 2023|website=United States Senate}}</ref> On May 1, 2023, his nomination was confirmed by a 49–45 vote.<ref>{{Cite web|date=May 1, 2023|title=On the Nomination (Confirmation: Anthony Devos Johnstone, of Montana, to be United States Circuit Judge for the Ninth Circuit)|url=https://www.senate.gov/legislative/LIS/roll_call_votes/vote1181/vote_118_1_00101.htm|access-date=May 1, 2023|website=United States Senate}}</ref> He received his judicial commission on May 5, 2023.<ref>{{FJC Bio|nid=13618506|inline=yes}}</ref>
== Publications ==
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