William Mercer

Nominated for a Lifetime Position to:
District Court for the District of Montana
Nomination Status:

Nomination Status

SJC Hearing: July 30, 2025 (Read NCJW’s letter opposing his nomination)

SJC Markup: September 11, 2025

Cloture Filed: 

Senate Floor Vote:

Fair? No
Independent? No
Qualified? No
Confirmed? Pending

NCJW opposes William Mercer. Here’s why:

Mr. Mercer’s record raises concerns about his commitment to justice and constitutional principles. As both a federal prosecutor and a state legislator, he has advocated for excessively harsh policies, from appealing reasonable sentences for nonviolent offenses to supporting legislation that would expand mass incarceration. His attempts at redirecting public funds to religious schools demonstrate a troubling disregard for the separation of church and state. Mr. Mercer’s support for anti-LGBTQ+ measures and a bill requiring law enforcement officers to cooperate with ICE reveals a pattern of targeting vulnerable communities. His perfect rating from anti-abortion groups rounds out his extreme legislative agenda. Mr. Mercer’s consistent alignment with discriminatory policies and the erosion of constitutional protections calls into question his fitness for the bench.

William Mercer’s stance on important issues:

Criminal Justice Reform: 

Throughout his career as both a federal prosecutor and a state legislator, Mr. Mercer has advocated for harsh punishment in the criminal justice system. In United States v. Rivas-Gonzalez, he appealed what he had deemed an insufficient six month sentence for a nonviolent immigration offense, despite the defendant being married to an American citizen and father to a US-born child, with no evidence suggesting that he endangered public safety. Mr. Mercer has also sponsored legislation to dramatically increase prison sentences.

Civil Rights: 

Mr. Mercer supported bills that defined sex as binary and targeted providers of gender-affirming care. He championed using taxpayer funds for religious schools and led a bill requiring state law enforcement officers to cooperate with ICE. 

Abortion:

As a representative in the Montana legislature, Mr. Mercer amassed a record of hostility to abortion rights, earning him a 100% rating from the Montana Family Foundation in 2020. He supported legislation including: a mandatory ultrasound law; a ban on abortion after 15 weeks; a so-called “born alive” bill; a mandatory parental-notification for abortions; and a requirement for annual reports detailing abortion procedures and outcomes.

Education and Career Highlights: 

William Mercer received his JD from George Mason University School of Law, his MPA from Harvard University, and his BA from the University of Montana. Mr. Mercer previously worked in the US Attorney’s Office District of Montana and the US Department of Justice. He is currently a state representative in the Montana House of Representatives and a partner at Holland and Hart LLP.


Because #CourtsMatter, NCJW believes all federal judges must be:

Fair

Do they respect equality and justice for all and understand the impact of the law on everyone?

Independent

Are they impartial, nonpartisan, and not influenced by outside parties or interests?

Qualified

Have they been objectively assessed for their experience, competence, principles, and temperament?

I want federal judges who are fair, independent, and qualified.