Senate Confirms Trump's 10th Ninth Circuit Appointee, Lawrence VanDyke
Lawrence VanDyke, the former solicitor general of Nevada and Montana, received a "not qualified" rating from judicial vetters at the American Bar Association and his nomination faced vocal opposition from LBGTQ groups and gun control advocates.
December 11, 2019 at 04:54 PM
4 minute read
The original version of this story was published on The Recorder
The Senate has voted to confirm Lawrence VanDyke to the U.S. Court of Appeals for the Ninth Circuit, making him the 10th of President Donald Trump's nominees on the nation's largest appellate court and the president's 50th circuit court appointee.
In a 51-44 vote, the Senate on Wednesday confirmed VanDyke, whose nomination had been the source of bitter partisan debate.
VanDyke is set to fill the seat of Nevada-based Judge Jay Bybee of the U.S. Court of Appeals for the Ninth Circuit, who announced last year that he would take on senior status as soon as his replacement was confirmed. Nevada's Democratic senators, however, opposed VanDyke's nomination, maintaining that his four-year stint as the state's solicitor general didn't demonstrate sufficient ties to the state. VanDyke, they pointed out, didn't go to school in Nevada, didn't grow up there and hasn't visited the state in the past year, as he's worked in Washington, D.C., as deputy assistant attorney general for the environment and natural resources division at the U.S. Department of Justice.
Democratic opposition to VanDyke's nomination was bolstered by a "not qualified" rating he received from judicial vetters at the American Bar Association in October. The ABA vetters' asserted in a letter to the Senate Judiciary Committee that VanDyke "is arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice including procedural rules." The letter also said that VanDyke "would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community."
Republican members of the Senate Judiciary criticized the ABA's rating process as biased against conservative lawyers at a hearing on VanDyke's nomination in October. VanDyke, at the hearing, broke down in tears when asked about the ABA's assessment of his ability to be fair to LGBTQ parties. After composing himself, VanDyke said, "I didn't say that. I don't believe that. It is a fundamental belief of mine that all people are created in the image of God, and they should all be treated with dignity and respect."
The vote on VanDyke comes a day after the Senate confirmed Southern California prosecutor Patrick Bumatay in a 53-40 vote, making him the first openly gay appellate judge and the first of Filipino descent appointed by Trump.
Prior to a party-line vote on VanDyke's nomination in the Senate Judiciary Committee last month, committee chairman Lindsey Graham, R-South Carolina, noted that VanDyke and Bumatay shared the witness table at their confirmation hearing and that Bumatay said he would be comfortable with VanDyke as a judge or a colleague. Graham said at the hearing that if VanDyke's four years representing Nevada as solicitor general didn't show significant enough ties to the state, he didn't know what would. "This was a tough hearing," Graham said of VanDyke's confirmation hearing. "His reaction to me told me a lot about who he is." Graham said that VanDyke's appearance before the committee showed that "though he's a social conservative National Rifle Association member that he can actually do his job" as a federal appellate judge.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDemocratic State AGs Revel in Role as Last Line of Defense Against Trump Agenda
7 minute readBig Law Communications, Media Attorneys Brace for Changes Under Trump
4 minute readPa. Judicial Nominee Advances While Trump Demands GOP Unity Against Biden Picks
4 minute readTrump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
Trending Stories
- 1DOJ Asks 5th Circuit to Publish Opinion Upholding Gun Ban for Felon
- 2GEO Group Sued Over 2 Wrongful Deaths
- 3Revenue Up at Homegrown Texas Firms Through Q3, Though Demand Slipped Slightly
- 4Warner Bros. Accused of Misleading Investors on NBA Talks
- 5FTC Settles With Security Firm Over AI Claims Under Agency's Compliance Program
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250