One of Montana’s own, State Rep. Bill Mercer, R-Billings, received a nomination for a federal judgeship from President Donald Trump last week.

Trump announced Mercer’s nomination to the U.S. District Court for the District of Montana on Truth Social.

“Bill has TREMENDOUS experience, previously serving at the Department of Justice and, as United States Attorney for the District of Montana. He is STRONG and SMART, will fearlessly uphold the Rule of Law, and defend our Constitution on the Federal Bench,” Trump wrote in the post.

It’s uncertain whose seat he will take. Two of the three judges serving on the U.S. District Court for the District of Montana — Judge Dana L. Christensen and Judge Susan Watters — have both announced intentions to retire to senior status. That option is available to federal district court judges whose age and length-of-service (so long as it’s over 10 years) add up to 80. They typically handle a reduced workload but remain available to preside over federal cases.

Last year, then-president Joe Biden tapped Danna Jackson, an attorney for the Confederated Salish and Kootenai Tribes, to replace Judge Christensen.

Jackson’s nomination was blocked by Montana’s U.S. Sen. Steve Daines, who at the time said he took issue with a lack of inclusion from the Biden administration regarding the nomination. Typically, senators from a state where a federal judge is being nominated weigh in ahead of the confirmation process — something Daines claimed he didn’t have the opportunity to do. It’s a claim the White House refuted.

Jackson’s nomination earned support from Sen. Jon Tester, a Democrat who was still in office at the time, but who lost re-election to now-Sen. Tim Sheehy last November.

Had Jackson been confirmed, she would have been the first Native American federal judge in Montana.

Mercer’s nomination to the bench earned support from his fellow Republicans in the state House, along with Montana Sens. Daines and Sheehy.

Montana House Republicans released a statement calling Mercer a “man of integrity, principle, and deep legal expertise.”

“This nomination is not only a great honor for Bill but for the entire state of Montana,” wrote House Speaker Brandon Ler, R-Savage.

Both of Montana’s senators also expressed support for Trump’s pick last week.

“We congratulate William Mercer on his nomination to serve as District Judge for Montana,” Daines and Sheehy wrote in a joint statement. “Bill’s experience at the Department of Justice as U.S. Attorney for Montana and his fierce advocacy for the rule of law and original interpretation of the Constitution will be tremendous assets as he serves the country and the people of Montana on the federal bench. We will work diligently with Senate leadership and our colleagues to confirm Bill’s nomination.”

Mercer has served in the state legislature since 2019. He holds a bachelor’s in political science from the University of Montana, where he earned a prestigious Truman scholarship, which goes to students who hope to dedicate their lives to public service. Mercer also received a Master of Public Administration from Harvard University and his law degree from George Mason University School of Law.

In 2001, then-president George W. Bush nominated Mercer to serve as the U.S. Attorney for Montana, a position Mercer held through 2009. Bush also nominated Mercer for positions in the U.S. Department of Justice, where Mercer worked as a principal associate deputy attorney general and an acting associate attorney general.

Mercer drew ire while working for the DOJ for allegedly violating a federal law requiring his residency in Montana. He spent about three days a month in Billings while he was working in D.C. and simultaneously serving as the Montana’s U.S. Attorney. The law requiring his residency in the state was changed by amending the Patriot Act in 2006 to create exemptions to the residency requirement.

Tester called on Mercer to step down over the law. Montana’s other senator at the time, Max Baucus, also a Democrat, said Mercer should choose one post or the other.

Mercer eventually asked the White House to remove his nomination for a permanent position as associate attorney general in 2007, and returned to Montana to continue his role as the state’s U.S. Attorney, the role he stayed in until 2009.

Mercer has worked at Holland & Hart, a law practice based in Denver, Colorado, since 2010. The firm has lawyers practicing across the West. Mercer is a partner in the firm, and he is based out of Billings.

Mercer’s nomination will have to receive approval from the U.S. Senate before he can officially take on the federal judgeship. He could not be reached for comment prior to publication of this newsletter.

I’m Mariah Thomas, and I’ll be with you for the rest of today’s Daily Roundup.

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