First Native American Montana Federal Judge Nomination Blocked by Republican Senator

By Isaac White

A significant and historic move by the Biden administration to enhance Indigenous representation in the federal judiciary has encountered a setback. Danna Jackson, an attorney and member of the Confederated Salish and Kootenai Tribes, was nominated in April to become the first Native American federal district court judge in Montana. This nomination, a crucial and long-awaited step, is a beacon of hope toward addressing the underrepresentation of Native Americans within the federal legal system.

From 2016 to 2021, Danna Jackson has consistently demonstrated her extensive legal expertise and experience while serving as the legal counsel for the Montana Department of Natural Resources. Her qualifications and tenure in this role not only highlight her readiness but also instill confidence in her ability to assume a federal judicial position.

Despite the historic nature of this nomination, it faced a significant obstacle when Republican Senator Steve Daines from Montana intervened. Senator Daines disqualified Jackson from consideration on the grounds that the administration did not seek his approval before announcing the nomination. This development was confirmed by Rachel Dumke, a spokesperson for the senator, and was reported by The Associated Press.

In addition, Senator Daines announced that he would withhold the "blue slip," a crucial document needed for the Senate Judiciary Committee to review district court judges. This action effectively halted the review process for Danna Jackson's nomination.

The delay in her confirmation is not just disheartening, but it also raises serious concerns about the fairness of the nomination process. The roadblock the Republican senator created in halting the nomination is a stark reminder of the political debates that can hinder the progress of underrepresented communities in the federal legal system.

According to the American Bar Association, “Four federal judges are Native American. Two others identify as partially Native American. Those six judges represent just four-tenths of 1% of all federal judges. Nationally, 2.7% of the U.S. population claims Native American heritage, according to the Census Bureau. The first Native American federal judge took office in 1979.” This stark discrepancy underscores the importance of Jackson's potential appointment.

The denial of Montana’s first Native American federal district court judge is a setback and seems to be an insult to Indigenous progress in the federal legal system due to political partisan bickering.

Support for Jackson's nomination comes from various quarters. Democratic senior senator from Montana, Jon Tester, along with officials from the Native American Rights Fund and the National Congress of American Indians, have endorsed her nomination. Tester emphasized that Jackson was exceptionally well-qualified for the position.

Approximately one month ago, during the previous administration of former President Donald Trump, the Senate confirmed Biden as the 200th federal judge during his tenure. Even with obstacles like those that Jackson's nomination presented, this achievement highlights the administration's continuous attempts to reform the federal judiciary.