Trump Judicial Pick Lawrence VanDyke Breaks Down Over ABA Letter: 'All People Are Created in the Image of God' (October 30, 2019)

President Donald Trump’s pick for the 9th U.S. Circuit Court of Appeals sat silent for 15 seconds before he could answer. Sen. Josh Hawley, R-Mo., had asked Lawrence VanDyke about the American Bar Association’s concerns that he would not be fair to LGBTQ people if confirmed. “No, I did not say that,” VanDyke said tearfully at the Senate Judiciary Committee hearing on Oct. 30, 2019, NBC News reported [1].

“I do not believe that. It is a fundamental belief of mine that all people are created in the image of God. They should all be treated with dignity and respect,” VanDyke said [1].

The video above shows the exchange at the Oct. 30, 2019, hearing. Quotes are from NBC News, Townhall, Reason’s Volokh Conspiracy and KXLF [1][2][3][4].

”Absolutely, Senator”

When Hawley asked if he could commit to treating every litigant “with respect and with dignity” if confirmed, VanDyke answered: “Absolutely, Senator.” [1]

“I would not have allowed myself to have been nominated for this position if I did not think I could do that,” he said [1].

Hawley pressed whether that included “members of the LGBT community and any other community that has been historically disadvantaged in this country,” and VanDyke again said yes, according to NBC News [1].

”Arrogant, Lazy, an Ideologue”

The ABA’s letter, sent the day before the hearing, rated VanDyke “not qualified.” It said his accomplishments were “offset” by the assessments of interviewees, who described him as “arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice including procedural rules.” [2][4]

“Some interviewees raised concerns about whether Mr. VanDyke would be fair to persons who are gay, lesbian, or otherwise part of the LGBTQ community,” the letter said. “Mr. VanDyke would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community.” [1]

“Bias Against Conservatives”

Conservatives said the deck was stacked. “For starters, the lead evaluator, Marcia Davenport, a trial attorney in Montana, openly opposed VanDyke when he ran for a seat on the Montana Supreme Court and even contributed to his opponent’s campaign,” Townhall reported, citing the Judicial Crisis Network [2].

“The ABA has amassed quite the history of bias against conservatives over the last few decades, but with VanDyke, it has really outdone itself,” JCN policy director Carrie Severino wrote [2].

Townhall also reported that “another interviewee claimed on Twitter that Davenport only granted him five minutes of their time once he began praising the nominee.” That interviewee wrote: “I was surprised that the interview lasted all of about 5 minutes. Maybe I shouldn’t have been.” [2]

The race Davenport got involved in was a big one. “VanDyke lost a bid for the Montana Supreme Court in 2014 in what became the state’s most expensive Supreme Court campaign, with more than $1.6 million spent on the race. He lost to incumbent Supreme Court Justice Mike Wheat,” KXLF reported [4].

Townhall noted his record: “He has 14 years’ work in appellate law and has argued over 20 federal appeals, and has been the counsel of record on 28 Supreme Court briefs.” [2]

Montana’s attorney general said “he has the intelligence, experience, fairness and diligence to be a great addition to the 9th Circuit Court of Appeals.” [2] Nevada’s former attorney general vouched for him, too. “As the former Attorney General of Nevada, I can assure you there is no more qualified person for our Ninth Circuit seat than Lawrence VanDyke,” said Adam P. Laxalt [2].

”At Best, Misleading”

Law professor Josh Blackman, who disclosed he had worked with VanDyke, said the ABA’s wording was misleading. “Instead, the letter parsed a very lawyerly statement that is, at best, misleading,” he wrote at the Volokh Conspiracy [3].

“Would any reasonable person actually think that VanDyke said he would not be fair to LGBT people? Of course not. The ‘not say affirmatively’ line is designed to give a false impression,” Blackman wrote [3].

Adam White of the American Enterprise Institute called the letter a “smear campaign” in The Wall Street Journal. “He is more than well-qualified to be a federal judge,” White wrote, according to NBC News [1].

The ABA itself had rated most of Trump’s picks favorably. “The ABA noted, however, that it has issued “well qualified” or “qualified” ratings to 97 percent of Trump’s nominees,” NBC News reported [1].

By the Numbers

15: seconds of silence before VanDyke answered, per NBC News [1].
14: years of appellate work, per Townhall [2].
28: Supreme Court briefs on which he was counsel of record [2].
51-44: the Senate vote confirming him [4].

What Happened Next

He was confirmed. “The U.S. Senate on Wednesday confirmed former Montana Solicitor General Lawrence VanDyke for a spot on the 9th U.S. Circuit Court of Appeals by a vote of 51-44,” KXLF reported on Dec. 11, 2019 [4].

“I know Lawrence VanDyke personally, and he is a good man. He is beyond qualified, having served as solicitor general for two states and graduating magna cum laude from Harvard Law School,” said Sen. Steve Daines, R-Mont. [4]

Montana’s Democratic senator, Jon Tester, had urged a no vote. “The fact is we cannot trust Mr. VanDyke to put aside his past positions, to give everyone who comes before his court a fair shake, to be fair and impartial,” Tester said [4].

VanDyke took the seat of Circuit Judge Jay S. Bybee, who was to “assume senior status on December 31, 2019,” KXLF reported [4].

For Hawley accusing a Biden nominee of lying under oath, see HYGO News’ page on Feb. 28, 2023. For Sen. John Kennedy questioning Biden’s judicial picks, see the page on Sept. 6, 2023.