[Congressional Record Volume 165, Number 197 (Tuesday, December 10, 2019)]
[Senate]
[Pages S6919-S6920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Lawrence VanDyke

  Ms. ROSEN. Mr. President, I stand here today in opposition to the 
nomination of Lawrence VanDyke to the Ninth Circuit Court of Appeals in 
Nevada, and I stand here today because I think we can all agree--no 
matter where you are from--that Federal judges in our States should 
come from our communities, and they should reflect our communities.
  It is unfortunate to see this Chamber disregard Nevada's voice and 
move forward with Mr. VanDyke's nomination. The State of Nevada has 
numerous qualified lawyers and judges who have done good work and have 
good reputations in our communities, who are nonpartisan, and who would 
make excellent additions to the Ninth Circuit. But the White House 
didn't nominate any of these qualified individuals for the Ninth 
Circuit. Instead, the President nominated Lawrence VanDyke, a man who 
wasn't born in Nevada, didn't grow up in Nevada, didn't go to school in 
Nevada, and doesn't live in Nevada now. He hasn't even set foot in 
Nevada for over a year.
  This administration has nominated someone to serve on the Nevada seat 
of the Ninth Circuit who--and let me be clear--is not a Nevadan. Mr. 
VanDyke is, however, a Washington, DC, lawyer and failed political 
candidate from Montana who was nominated to further his and this 
administration's extreme political views.
  His nomination is being imposed on the people of Nevada, despite the 
many qualified individuals in our own State--individuals who are 
respected on both sides of the aisle.
  As if Mr. VanDyke's lack of any meaningful connection to the State of 
Nevada wasn't enough, Mr. VanDyke is not even qualified to hold this 
post, according to the American Bar Association. In reviewing this 
nominee and speaking with dozens upon dozens of his former colleagues, 
the ABA found Mr. VanDyke specifically ``not qualified'' to serve in 
this role. The ABA has made that finding for only 3 percent of 
President Trump's judicial nominees, and Mr. VanDyke is the first in a 
small group whose nomination will move forward without--let me repeat: 
without--the support of either Senator representing the State where he 
will sit on the bench if confirmed. That we would allow someone who is 
not qualified to hold a lifetime position in such a critically 
important role is, frankly, absurd, and it is something no Senator 
should support, no matter the party of the President who nominated 
them.

  The ABA's report found Mr. VanDyke to be lacking in knowledge of day-
to-day practice, including procedural rules. The report found Mr. 
VanDyke to be lacking humility and an open

[[Page S6920]]

mind, and the ABA's report found Mr. VanDyke to be lacking a commitment 
to the truth.
  In order to see how the ABA came to this conclusion, one only needs 
to look at Mr. VanDyke's record of pursuing an ideological agenda 
instead of working for the people and defending the law. In his past 
role as attorney general of Montana, he filed many politically driven 
briefs, including one asking the Supreme Court to strike down Roe v. 
Wade altogether, a view that is out of step with the views of Nevadans. 
He even signed the State onto one brief without reading it, by his own 
admission.
  Mr. VanDyke has also made controversial and appalling statements 
about LGBTQ Americans, writing this: ``[There is] ample reason for 
concern that same-sex marriage will hurt families, and consequentially 
children and society.''
  Mr. VanDyke was given every opportunity to disavow this statement and 
repeatedly declined to do so. Allowing Mr. VanDyke to serve on the 
Ninth Circuit would put at risk the rights of thousands of LGBTQ 
Americans to employment, healthcare, housing, and basic equal treatment 
in what is often the court of last resort.
  Surely you must agree, no matter who is President or who controls the 
Senate, you would want qualified judges with connections to the State 
who will be fair to your constituents and not use cases to advance 
their personal ideological agenda.
  I oppose the nomination of Mr. VanDyke, and if it is withdrawn or 
voted down, I will be ready at a moment's notice to work with this 
White House in finding a fair, qualified, and nonpartisan nominee from 
Nevada. The people of my home State and yours deserve nothing less.
  I yield the floor.

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