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Lawrence VanDyke

Lawrence VanDyke

Image of Lawrence VanDyke

United States Court of Appeals for the 9th Circuit

Tenure

2020 - Present

Years in position

5

Education

Personal

Lawrence James Christopher VanDyke is a judge on the United States Court of Appeals for the 9th Circuit. On October 15, 2019, President Donald Trump (R) nominated VanDyke to a seat on this court.[1] The U.S. Senate confirmed VanDyke on December 11, 2019, by a 51-44 vote.[2] He received commission on January 2, 2020.[3] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 9th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the 9th Circuit Court, click here.

VanDyke was a deputy assistant attorney general for the Environment and Natural Resources Division at the U.S. Department of Justice in 2019.

VanDyke was a 2014 candidate for the Montana Supreme Court.[4]

VanDyke was included on President Donald Trump’s (R) list of 20 potential U.S. Supreme Court nominees released on September 9, 2020.[5] President Trump (R) nominated Amy Coney Barrett to the seat on September 26, 2020. For more information on the 2020 Supreme Court vacancy created by the death of former Justice Ruth Bader Ginsburg on September 18, 2020, click here.

Judicial nominations and appointments

United States Court of Appeals for the 9th Circuit

See also: Federal judges nominated by Donald Trump

On October 15, 2019, President Donald Trump (R) nominated VanDyke to a seat on the United States Court of Appeals for the 9th Circuit.[1] The U.S. Senate confirmed VanDyke on December 11, 2019, by a 51-44 vote.[2] To read more about the federal nomination process, click here.

Nomination Tracker

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Nominee Information
Name: Lawrence VanDyke
Court: United States Court of Appeals for the 9th Circuit
Progress
Confirmed 57 days after nomination.
ApprovedNominated: October 15, 2019
ApprovedABA Rating: Substantial majority not qualified/Minority qualified
Questionnaire: Questionnaire
ApprovedHearing: October 30, 2019
QFRs: QFRs (Hover over QFRs to read more)
ApprovedReported: November 21, 2019 
ApprovedConfirmed: December 11, 2019
ApprovedVote: 51-44

Confirmation vote

The U.S. Senate confirmed VanDyke on December 11, 2019 on a vote of 51-44.[2] Sen. Susan Collins (R-Maine) was the only Republican to vote against VanDyke's confirmation. To see a full breakdown of the vote on the official U.S. Senate website, click here.

VanDyke confirmation vote (December 11, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 0 42 3
Ends.png Republican 51 1 1
Grey.png Independent 0 1 1
Total 51 44 5

Senate Judiciary Committee hearing

VanDyke had his hearing before the Senate Judiciary Committee on October 30, 2019.[6] The committee voted 12-10 on November 21, 2019, to advance VanDyke's nomination to the full Senate.[7]

ABA rating

See also: ABA ratings during the Trump administration

The American Bar Association (ABA) rated VanDyke not qualified by a substantial majority and qualified by a minority for the position.[8] To read more about ABA ratings, click here.

In a letter to Sens. Lindsey Graham (R-S.C.) and Dianne Feinstein (D-Calif.), the ABA said the following: "Mr. VanDyke’s accomplishments are offset by the assessments of interviewees that Mr. VanDyke is arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice including procedural rules." The letter also said some interviewees who worked with VanDyke in the past questioned whether he "would be fair to persons who are gay, lesbian, or otherwise part of the LGBTQ community."[9]

During his hearing before the Senate Judiciary Committee on October 30, 2019, VanDyke responded to the accusation about fairness: "It is a fundamental belief of mine that all people are created in the image of God," he said. "They should all be treated with dignity and respect."[10]

Sen. Ted Cruz (R-Texas) said the ABA found VanDyke guilty of "practicing law while conservative." Sen. Mike Lee (R-Utah) also supported VanDyke. "If this man is not qualified, I don't know who is," said Lee. He encouraged the White House and the Senate Judiciary Committee to suspend the ABA's involvement in the nomination process.[10]

Opposition from home-state senators

See also: Blue slip (federal judicial nominations)

Nevada Sens. Jacky Rosen and Catherine Cortez Masto, both Democrats, released a statement opposing VanDyke's nomination: "We’re frustrated the White House is choosing to ignore the bipartisan work undertaken by our offices in concert with Nevada’s legal community to identify and recommend qualified Nevadans for the Ninth Circuit. ... While we will review the full record of this nominee, we are disappointed that the White House has chosen to nominate a candidate with a concerning record of ideological legal work."[11]

Rep. Mark Amodei (R-Nev.) supported the nomination, saying VanDyke had fought successfully "for the rule of law, especially in the protection of our cherished land, water and property rights."[12]

Nomination

On September 20, 2019, President Donald Trump (R) announced his intent to nominate VanDyke to a seat on the United States Court of Appeals for the 9th Circuit.[13] The president officially submitted the nomination October 15, 2019.[1]

VanDyke was nominated to replace Judge Jay Bybee, who assumed senior status on December 31, 2019.[1]

Early life and education

VanDyke was born in Midland, Texas, in 1972. He received his B.S., with highest honors, in civil engineering from Montana State University in 1997. He earned a master's degree in engineering management from Montana State University in 2000. He obtained a B.Th., summa cum laude, from Bear Valley Bible Institute in 2002. VanDyke received his J.D., magna cum laude, from Harvard Law School, where he was a member of the Harvard Law Review.[14]

Professional career

Awards and associations

Awards

  • 2019: Office of the Nevada Attorney General Exceptional Service Award
  • 2005: Claremont Institute Publius Fellow[14]

Associations

Elections

2014

For in-depth coverage of the state's high court races, see: Montana Supreme Court elections, 2014
See also: Montana judicial elections, 2014

VanDyke ran for election to the Montana Supreme Court.
General: He was defeated in the general election on November 4, 2014, after receiving 40.8 percent of the vote. He competed against Michael E. Wheat.[4][16] 

Endorsements

  • Montana Chamber of Commerce[17]
  • Montana Shooting Sports Association[18]

VanDyke cast from ballot

On April 25, 2014, Judge Mike Menahan ordered VanDyke to be removed from the ballot for failing to meet eligibility requirements.

Montana Supreme Court candidates must be admitted to practice law in the state for at least five years. VanDyke was admitted to practice in Montana in 2005, but went on inactive bar status from 2007 to 2012 while practicing in another state. He regained active status in early 2013. By the time of the November 2014 election, Judge Menahan found, Van Dyke would have only been an active member of the Montana State Bar for a total of three years and three months.[19]

Judge Menahan explained:

“ Although the parties have cited numerous out-of-state authority to assist in the analysis of the question, this court’s conclusion rests largely upon the plain language of the Montana Constitution and the constitution and by-laws of the State Bar of Montana.[20] ”
—Judge Mike Menahan[19]

Following the ruling, VanDyke stated:

“ This case has been brought by Mike Wheat campaign donors to eliminate the competition by lawsuit. We will appeal to the Supreme Court and fully expect Justice Wheat and Chief Justice (Mike) McGrath to recuse themselves since they are both prominent donors to his re-election campaign.[20] ”
—Lawrence VanDyke[21]

The decision was appealed.

Ineligibility ruling overturned on appeal

The Montana Supreme Court decided in a 4-3 decision on July 22, 2014, that VanDyke could run for election to that same court. On appeal, the lower court's ruling that VanDyke was ineligible to compete against Justice Michael E. Wheat on November 4, was overturned. Justice Beth Baker wrote:

“ VanDyke has paid his (license) tax and received his certificate from the clerk of this court for each year since his admission... His admission was not conditional and has not been terminated, suspended or subjected to any form of probation or other disciplinary action at any time. VanDyke did, by voluntary action, choose not to engage in the practice of law in Montana, selecting inactive membership for a period of approximately six years. But he did not resign or surrender his license or his admission to the bar was not withdrawn. In short, he has never been ‘un-admitted.’[16][20] ”

Justice Wheat, who faced VanDyke in November, recused himself and was replaced by Dan Boucher, a district judge. Justices Baker, McKinnon and Rice, as well as Judge Boucher, comprised the majority. Justices McGrath and Shea also recused themselves. Their replacements, two district judges, joined Justice Cotter in her dissent.[16]

About the court

Ninth Circuit
Court of Appeals
US-CourtOfAppeals-9thCircuit-Seal.svg
Judgeships
Posts: 29
Judges: 29
Vacancies: 0
Judges
Chief: Mary Murguia
Active judges: Bridget S. Bade, Mark J. Bennett, Daniel Bress, Patrick J. Bumatay, Consuelo Maria Callahan, Morgan Christen, Daniel P. Collins, Roopali Desai, Danielle Forrest, Michelle T. Friedland, Ronald Gould, Sandra Ikuta, Anthony Johnstone, Lucy H. Koh, Kenneth Kiyul Lee, Sal Mendoza Jr., Eric D. Miller, Mary Murguia, Ryan D. Nelson, Jacqueline Nguyen, John B. Owens, Johnnie Rawlinson, Gabriel Sanchez, Milan Smith, Jennifer Sung, Holly Thomas, Lawrence VanDyke, Kim McLane Wardlaw, Ana I. de Alba

Senior judges:
Carlos Bea, Marsha Berzon, Jay Bybee, William Canby, Richard Clifton, Ferdinand Francis Fernandez, William Fletcher, Susan Graber, Michael Hawkins, Andrew Hurwitz, Andrew Kleinfeld, Margaret McKeown, Diarmuid O'Scannlain, Richard Paez, Mary Schroeder, Barry Silverman, Randy Smith, Richard Tallman, A. Wallace Tashima, Sidney Thomas, Stephen Trott, John Clifford Wallace, Dorothy Wright Nelson


The United States Court of Appeals for the Ninth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.

The Ninth Circuit is the largest appellate court with 29 authorized judicial posts. Appeals are heard in the James R. Browning Federal Courthouse in San Francisco, California, the Richard H. Chambers Courthouse in Pasadena, California, the Pioneer Courthouse in Portland, Oregon, and the William K. Nakamura Courthouse in Seattle, Washington.

One judge of the Ninth Circuit went on to serve on the Supreme Court of the United States. Justice Anthony Kennedy was appointed to the Supreme Court in 1988 by President Ronald Reagan (R). The Ninth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the 9th Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice John G. Roberts is the circuit justice for the Ninth Circuit.

The United States Court of Appeals for the Ninth Circuit has jurisdiction over the district courts in the following districts:

It also has appellate jurisdiction over the following territorial courts:

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 WhiteHouse.gov, "Twenty-five Nominations and Three Withdrawals Sent to the Senate," October 15, 2019
  2. ↑ 2.0 2.1 2.2 Congress.gov, "PN1175 — Lawrence VanDyke — The Judiciary," accessed December 12, 2019
  3. ↑ Federal Judicial Center, "VanDyke, Lawrence James Christopher," accessed January 9, 2020
  4. ↑ 4.0 4.1 Montana Secretary of State, "2014 Candidate Filing List: Non-Legislative," accessed March 20, 2014 Cite error: Invalid <ref> tag; name "candidate2014" defined multiple times with different content
  5. ↑ White House, "Additions to President Donald J. Trump’s Supreme Court List," September 9, 2020
  6. ↑ Senate Judiciary Committee, "Nominations," October 30, 2019
  7. ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," November 21, 2019
  8. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed October 30, 2019
  9. ↑ American Bar Association, "Letter Re: Nomination of Lawrence J.C. VanDyke to the United States Court of Appeals for the Ninth Circuit," October 29, 2019
  10. ↑ 10.0 10.1 CNN, "'Not qualified' rating and accusation from American Bar Association moves Trump nominee to tears," October 30, 2019
  11. ↑ Jacky Rosen, U.S. Senator for Nevada, "Rosen, Cortez Masto Statement on White House Announcement of Ninth Circuit Nomination," September 20, 2019
  12. ↑ Las Vegas Review-Journal, "Trump to nominate ex-Nevada solicitor general to appeals court," September 20, 2019
  13. ↑ WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee," September 20, 2019
  14. ↑ 14.0 14.1 14.2 Senate Judiciary Committee, "Questionnaire for judicial nominees: Lawrence James Christopher VanDyke," accessed October 30, 2019
  15. ↑ LinkedIn, "Lawrence VanDyke," accessed September 23, 2019
  16. ↑ 16.0 16.1 16.2 Billings Gazette, "VanDyke back on ballot for Montana Supreme Court," July 22, 2014
  17. ↑ Montana Chamber of Commerce, "Montana Chamber Releases Candidate Endorsements for Mid-Term Elections," June 18, 2014
  18. ↑ Montana Shooting Sports Association, "2014 Candidate Grades and Endorsements," August 10, 2014
  19. ↑ 19.0 19.1 Ravalli Republic, "Judge orders VanDyke off ballot," April 25, 2014
  20. ↑ 20.0 20.1 20.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  21. ↑ Missoulian, "Judge orders Montana Supreme Court candidate removed from ballot," April 25, 2014

US-CourtOfAppeals-9thCircuit-Seal.svg

v • e

Federal judges who have served the U.S. Court of Appeals for the Ninth Circuit
Active judges

Chief Judge: Mary Murguia   •  Mark Bennett (Hawaii)  •  Kim McLane Wardlaw  •  Morgan Christen  •  Ronald Gould  •  Johnnie Rawlinson  •  Consuelo Maria Callahan  •  Milan Smith  •  Sandra Ikuta  •  Jacqueline Nguyen  •  Lucy H. Koh  •  Sal Mendoza, Jr.  •  John B. Owens  •  Michelle T. Friedland  •  Lawrence VanDyke  •  Bridget S. Bade  •  Danielle Forrest  •  Ryan Nelson (Idaho)  •  Eric Miller (Washington)  •  Patrick Bumatay  •  Daniel Collins (California)  •  Kenneth Kiyul Lee  •  Ana de Alba  •  Gabriel Sanchez (California)  •  Holly Thomas  •  Daniel Bress  •  Jennifer Sung  •  Roopali Desai  •  Anthony Johnstone

Senior judges

Mary Schroeder  •  Andrew Hurwitz  •  Diarmuid O'Scannlain  •  Andrew Kleinfeld  •  Sidney Thomas  •  Barry Silverman  •  Susan Graber  •  Margaret McKeown (California)  •  William Fletcher (California)  •  Richard Paez  •  Marsha Berzon  •  Richard Tallman  •  Richard Clifton  •  Jay Bybee  •  Carlos Bea  •  Randy Smith (Federal appeals judge)  •  John Clifford Wallace  •  Dorothy Wright Nelson  •  William Canby  •  Stephen Trott  •  Ferdinand Francis Fernandez  •  Michael D. Hawkins  •  Atsushi Wallace Tashima  •  

Former judges Anthony Kennedy  •  Lorenzo Sawyer  •  Joseph McKenna (Supreme Court)  •  William Ball Gilbert  •  Erskine Mayo Ross  •  William Henry Hunt (U.S. 9th Circuit Court)  •  Wallace McCamant  •  Frank Sigel Dietrich  •  William Henry Sawtelle  •  Francis Arthur Garrecht  •  William Denman  •  Clifton Mathews  •  Bert Emory Haney  •  William Healy  •  Homer Bone  •  William Edwin Orr  •  Walter Pope  •  Dal Lemmon  •  Richard Harvey Chambers  •  Stanley Nelson Barnes  •  Oliver Hamlin  •  Gilbert Jertberg  •  Charles Merton Merrill  •  Montgomery Koelsch  •  Benjamin Duniway  •  Walter Raleigh Ely, Jr.  •  James Marshall Carter  •  Shirley Hufstedler  •  Eugene Allen Wright  •  John Francis Kilkenny  •  Ozell Trask  •  Herbert Choy  •  J. Blaine Anderson  •  Thomas Tang  •  Cecil Poole  •  William Albert Norris  •  Charles Edward Wiggins  •  Frederick Hamley  •  Alex Kozinski  •  Matthew Hall McAllister  •  William Morrow  •  Frank Rudkin  •  Harry Pregerson  •  Stephen Reinhardt  •  Pamela Rymer  •  Raymond Fisher  •  James R. Browning  •  Alfred Goodwin  •  Joseph Sneed  •  Procter Hug  •  Betty Binns Fletcher  •  Otto Skopil  •  Joseph Farris  •  Arthur Alarcon  •  Warren Ferguson  •  Robert Boochever  •  Cynthia Holcomb Hall  •  Robert Beezer  •  Melvin Brunetti  •  Edward Leavy  •  David R. Thompson (Federal judge)  •  Thomas G. Nelson (Federal judge)  •  Curtis Dwight Wilbur  •  Albert Lee Stephens, Sr.  •  Albert Lee Stephens, Jr.  •  William Orr (9th Circuit)  •  John Kilkenny  •  Paul Watford  •  
Former Chief judges

William Denman  •  Walter Pope  •  Richard Harvey Chambers  •  Mary Schroeder  •  Sidney Thomas  •  James R. Browning  •  Alfred Goodwin  •  John Clifford Wallace  •  Procter Hug  •  Albert Lee Stephens, Sr.  •  

Donald Trump

v • e

Federal judges nominated to Article III courts by Donald Trump
2017

Thomas Parker • Elizabeth Branch • Neil Gorsuch • Amul Thapar • David C. Nye • John K. Bush • Kevin Newsom • Timothy J. Kelly • Ralph Erickson • Scott Palk • Trevor McFadden • Joan Larsen • Amy Coney Barrett • Allison Eid • Stephanos Bibas • Donald Coggins Jr. • Dabney Friedrich • Greg Katsas • Steven Grasz • Don Willett • James Ho • William L. Campbell Jr. • David Stras • Tilman E. Self III • Karen Gren Scholer • Terry A. Doughty • Claria Horn Boom • John Broomes • Rebecca Grady Jennings • Kyle Duncan • Kurt Engelhardt • Michael B. Brennan • Joel Carson • Robert Wier • Fernando Rodriguez Jr. • Annemarie Carney Axon •

2018

Andrew Oldham • Amy St. Eve • Michael Scudder • John Nalbandian • Mark Bennett • Andrew Oldham • Britt Grant • Colm Connolly • Maryellen Noreika • Jill Otake • Jeffrey Beaverstock • Emily Coody Marks • Holly Lou Teeter • Julius Richardson • Charles B. Goodwin • Barry Ashe • Stan Baker • A. Marvin Quattlebaum Jr. • Terry F. Moorer • Susan Baxter • William Jung • Alan Albright • Dominic Lanza • Eric Tostrud • Charles Williams • Nancy E. Brasel • James Sweeney • Kari A. Dooley • Marilyn J. Horan • Robert Summerhays • Brett Kavanaugh • David Porter • Liles Burke • Michael Juneau • Peter Phipps • Lance Walker • Richard Sullivan • Eli Richardson • Ryan Nelson • Chad F. Kenney, Sr. • Susan Brnovich • William M. Ray, II • Jeremy Kernodle • Thomas Kleeh • J.P. Hanlon • Mark Norris • Jonathan Kobes • Michael Brown • David Counts

2019

Eric Miller • Chad Readler • Eric Murphy • Neomi Rao • Paul Matey • Allison Jones Rushing • Bridget S. Bade • Roy Altman • Patrick Wyrick • Holly Brady • David Morales • Andrew Brasher • J. Campbell Barker • Rodolfo Ruiz • Daniel Domenico • Michael Truncale • Michael Park • Joseph Bianco • Raúl Arias-Marxuach • Daniel Collins • Joshua Wolson • Wendy Vitter • Kenneth Kiyul Lee • Kenneth Bell • Stephen Clark • Howard Nielson • Rodney Smith • Jean-Paul Boulee • Sarah Daggett Morrison • Rossie Alston • Pamela A. Barker • Corey Maze • Greg Guidry • Matthew Kacsmaryk • Allen Winsor • Carl Nichols • James Cain, Jr. • Tom Barber • J. Nicholas Ranjan • Clifton L. Corker • Peter Phipps • Daniel Bress • Damon Leichty • Wendy W. Berger • Peter Welte • Michael Liburdi • William Shaw Stickman • Mark Pittman • Karin J. Immergut • Jason Pulliam • Brantley Starr • Brian Buescher • James Wesley Hendrix • Timothy Reif • Martha Pacold • Sean Jordan • Mary Rowland • John M. Younge • Jeff Brown • Ada Brown • Steven Grimberg • Stephanie A. Gallagher • Steven Seeger • Stephanie Haines • Mary McElroy • David J. Novak • Frank W. Volk • Charles Eskridge • Rachel Kovner • Justin Walker • T. Kent Wetherell • Danielle Hunsaker • Lee Rudofsky • Jennifer Philpott Wilson •  William Nardini • Steven Menashi • Robert J. Luck • Eric Komitee • Douglas Cole • John Sinatra • Sarah Pitlyk • Barbara Lagoa • Richard Myers II • Sherri Lydon • Patrick Bumatay • R. Austin Huffaker •  Miller Baker • Anuraag Singhal • Karen Marston • Jodi Dishman • Mary Kay Vyskocil • Matthew McFarland • John Gallagher • Bernard Jones • Kea Riggs • Robert J. Colville • Stephanie Dawkins Davis • Gary R. Brown • David Barlow •

Lewis Liman
2020

Lawrence VanDyke • Daniel Traynor • John Kness • Joshua Kindred • Philip Halpern • Silvia Carreno-Coll • Scott Rash • John Heil • Anna Manasco • John L. Badalamenti • Drew Tipton • Andrew Brasher • Cory Wilson • Scott Hardy • David Joseph • Matthew Schelp • John Cronan • Justin Walker • Brett H. Ludwig • Christy Wiegand • Thomas Cullen • Diane Gujarati • Stanley Blumenfeld • Mark Scarsi • John Holcomb • Stephen P. McGlynn • Todd Robinson • Hala Jarbou • David Dugan • Iain D. Johnston • Franklin U. Valderrama • John Hinderaker • Roderick Young • Michael Newman • Aileen Cannon • James Knepp • Kathryn Kimball Mizelle •  Benjamin Beaton •  Kristi Johnson • Toby Crouse • Philip Calabrese • Taylor McNeel • Thomas Kirsch • Stephen Vaden • Katherine Crytzer • Fernando Aenlle-Rocha • Charles Atchley • Joseph Dawson