Thank you, President Trump

Well, it’s not often we get to say this — in fact, it may be the first and last time — but thank you, President Donald J. Trump. No, not for wrecking international alliances, raising our taxes through tariffs, starting an international trade war, and increasing the national deficit, but for something truly unexpected: taking Bill Mercer out of Montana’s gubernatorial sweepstakes and plunking him onto the federal bench instead. 

Seriously, thank you. 

Bill Mercer was shaping up to be a real contender for governor. A Republican with actual brain cells, a résumé longer than a CVS receipt, and the uncanny ability to talk policy until even the policy wonks nod off. He’s been U.S. Attorney, a Department of Justice insider, and a prolific legislator (39 sponsored bills in 2025). He’s the rare Republican legislator who can both walk and chew gum — and who, tragically, knows where all the semicolons go in a sentence. 

But now, thanks to Trump’s nomination, all that gubernatorial ambition is headed for early retirement — in a black robe. As we all know (especially from Republicans’ endless pontifications), judges don’t make laws, they just “call balls and strikes.” Which, in Mercer’s case, means he’ll be forced to sit quietly, restrain his policymaking itch, and actually follow precedent. Gasp. 

Imagine the pain of having to respect Obergefell v. Hodges (the landmark U.S. Supreme Court decision that legalized same-sex marriage nationwide), when you could have been leading a crusade to “restore family values” from the governor’s mansion and plotting an end to Medicaid expansion. 

This is what we call a win-win. 

Now, to be fair, Mercer is smart. He’s been called “the smartest guy in the room,” and I believe it. He graduated from the University of Montana and was named a Truman Scholar. He’s affable, well-spoken and oozes respectability. He’s the kind of guy who can oppose Medicaid expansion in a city whose economy depends on healthcare and still convince half the room he’s doing it “for the good of the system.” 

But alas, this judicial promotion means no more writing laws that ignore the working poor, and no more bills that undervalue public health. Instead, he’ll be spending his days reviewing briefs and issuing orders — and hopefully not freelancing new interpretations of the Constitution from the bench. 

Of course, the Trump seal of approval should give everyone pause. Mercer’s nomination is described as a recognition of his “tremendous experience” and his commitment to “the rule of law” — which, in Trumpian translation, means: “He didn’t prosecute me.” But it’s worth noting that Mercer has actual integrity, which might prove to be a liability in the MAGA universe. Stay tuned to see if Trump withdraws his nomination after discovering Mercer won’t overturn birth right citizenship from the bench by waving a gavel like a magic wand. 

And what a relief for Montana politics. With Mercer benched, that leaves Attorney General Austin Knudsen as the GOP’s frontrunner for governor — a man so ethically compromised he could teach a masterclass in how not to behave as a lawyer. The Montana Commission on Practice unanimously recommended suspending Knudsen’s law license for 90 days for 41 separate instances of “unprecedented misconduct” that violated multiple ethical rules. Expect law professors across the nation to update their ethics syllabi under the new chapter heading: “The Knudsen Exception: When Law School Wasn’t Enough.” 

So again, thank you, Mr. Trump. You did what Montana voters may not have been able to: You sidelined Bill Mercer. You spared us a political race where Mercer’s affability and intelligence might have masked his record of bad policy choices. You saved us from another Republican governor who believes “limited government” means fewer rights for everyone but corporations. 

Now, instead of signing bills, Mercer will be signing orders, primarily in criminal cases. Instead of crafting policy, he’ll be citing precedent. And instead of governing, he’ll be judging — hopefully with the integrity and restraint we were always told judges should have. Because if there’s one thing Republicans always say judges should do, it’s nothing creative. 

And who knows? Maybe, just maybe, Mercer will surprise Trump world from the bench. Because for all our political differences, Mercer is, at his core, a man of integrity. He will discharge the duties of his office with honor, independence and fidelity to the Constitution — values that are utterly anathema to President Trump. If Mercer stays true to his values and oath, he just might become the best kind of Trump appointee: the kind who ends up disappointing Trump. 

Thanks again.  

Doug James is a retired Billings attorney.