FACT SHEET: Information on William "Bill" Mercer, Trump's nominee To the District of Montana

Anti-Abortion, Far-Right Legislator

• In 2021, Mercer voted for three bills imposing restrictions on abortion access, including banning abortion at 20 weeks, requiring a 24-hour waiting period and mandatory ultrasounds, and instituting new credentialing for providers. In 2025, the Montana Supreme Court struck down the laws. 

• Mercer sponsored a bill which would remove the right of voters to elect Supreme Court justices, which would likely give a Republican governor more control over the court. 

• In 2023, Mercer voted for a bill defining “sex” as binary male or female, which was struck down by a Montana state district court.

Politicized, Absentee Legal Career

• As a U.S. attorney, Mercer was chastised by Montana’s chief federal judge for federalizing criminal cases arbitrarily and because it was politically popular. The judge asked Mercer “Do you ever concern yourself with justice?” during a federal court session. The judge claimed that Mercer was neglecting his duties, that his office was a “mess” and that he had “no credibility.”

• As Montana’s top federal lawyer, Mercer resided in Washington, D.C. while working as Department of Justice leadership. Amidst questions into whether he violated residency requirements, Mercer had a GOP Senate staffer insert a provision into a bill in order to retroactively change the rules and allow federal prosecutors to live outside their districts.

• Mercer was nominated for the associate attorney general position at the Justice Department under the Bush administration, but eventually withdrew his name from consideration. Mercer claimed the Senate would not take action on his nomination, while Senate Democrats claimed the administration wanted to avoid questions about a U.S. attorney firing scandal.

• Mercer’s office was found to have violated civil service laws by considering politics and ideology in filling Department of Justice positions.

Corporate Attorney

• Mercer has represented oil and mining groups in cases seeking free reign over anti-environment projects.

• Mercer has represented controversial figures and companies, including then-Rep. Greg Gianforte in his legal issues with a reporter he assaulted, and Meta amidst criticism of their child content policies.

• Mercer represented plaintiffs suing in order to receive state aid for religious private schools in a case which eventually reached the Supreme Court. The case was a landmark expansion of publicly funded religious schools, even cited in the recent Oklahoma religious charter school case.