Trump appellate court nominee cries over brutal American Bar Association 'not qualified' letter


The Senate has confirmed 157 of President Trump's judicial nominees, putting him roughly on par with former Presidents George W. Bush and Bill Clinton at similar points in their presidencies. But Trump's prioritization of appellate court judges "sets him apart from his predecessors," The New York Times reports. If the Senate confirms a batch of pending nominees, Trump will have appointed "a quarter of the nation's 179 appeals court judges — those sitting just below the Supreme Court."
The Senate Judiciary Committee held hearings on two nominees to the U.S. 9th Circuit Court of Appeals on Wednesday — Patrick Bumatay and Jonathan VanDyke. The American Bar Association scorched VanDyke in a letter Tuesday night, finding him "not qualified" after interviewing 60 lawyers, judges, and other people he has worked with. VanDyke has the requisite résumé, the ABA wrote, but his his colleagues judged him "arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice including procedural rules. There was a theme that the nominee lacks humility, has an 'entitlement' temperament, does not have an open mind, and does not always have a commitment to being candid and truthful."
It was when Sen. Josh Hawley (R-Mo.) asked VanDyke about the ABA's report that he "would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community," that VanDyke broke down in tears. "I do not believe that," he said. "It is a fundamental belief of mine that all people are created in the image of God" and "should all be treated with dignity and respect."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Democrats called the ABA's letter on VanDyke very troubling and Republicans accused the organization of bias against conservative nominees. The ABA said its independent judicial evaluation committee considers a nominee's temperament, integrity, and experience, and ideology is not a factor. The Senate has already confirmed five judges the ABA has rated "not qualified" while two others withdrew their names from consideration. The ABA points out it has rated 97 percent of Trump's 264 nominees "qualified" or "very qualified."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
The pros and cons of banning cellphones in classrooms
Pros and cons The devices could be major distractions
-
Art review: Lorna Simpson: Source Notes
Feature Metropolitan Museum of Art, New York City, through Nov. 2
-
‘It’s time for Congress to step up for us’
Instant Opinion Opinion, comment and editorials of the day
-
House posts lewd Epstein note attributed to Trump
Speed Read The estate of Jeffrey Epstein turned over the infamous 2003 birthday note from President Donald Trump
-
Supreme Court allows 'roving' race-tied ICE raids
Speed Read The court paused a federal judge's order barring agents from detaining suspected undocumented immigrants in LA based on race
-
South Korea to fetch workers detained in Georgia raid
Speed Read More than 300 South Korean workers detained in an immigration raid at a Hyundai plant will be released
-
DC sues Trump to end Guard 'occupation'
Speed Read D.C. Attorney General Brian Schwalb argues that the unsolicited military presence violates the law
-
RFK Jr. faces bipartisan heat in Senate hearing
Speed Read The health secretary defended his leadership amid CDC turmoil and deflected questions about the restricted availability of vaccines
-
White House defends boat strike as legal doubts mount
Speed Read Experts say there was no legal justification for killing 11 alleged drug-traffickers
-
Epstein accusers urge full file release, hint at own list
speed read A rally was organized by Reps. Ro Khanna and Thomas Massie, who are hoping to force a vote on their Epstein Files Transparency Act
-
Court hands Harvard a win in Trump funding battle
Speed Read The Trump administration was ordered to restore Harvard's $2 billion in research grants