The Senate confirmed President TrumpDonald John TrumpSessions accepts 'Fox News Sunday' invitation to debate, Tuberville declines Priest among those police cleared from St. John's Church patio for Trump visit Trump criticizes CNN on split-screen audio of Rose Garden address, protesters clashing with police MORE's 50th circuit court nominee on Wednesday despite the pick being rated "not qualified" by the American Bar Association (ABA). 
Senators voted 51-44 to approve Lawrence VanDyke's nomination to be an appeals judge on the 9th Circuit. Sen. Susan CollinsSusan Margaret CollinsTrump expected to visit Maine despite governor's concerns Democrats gear up to hit GOP senators on DACA OVERNIGHT ENERGY: Trump administration gives renewables more time to take advantage of tax credits | House Republicans introduce bill to speed mining projects for critical minerals | Watchdog faults EPA communications in contamination of NC river MORE (R-Maine) joined Democrats in opposing his nomination.  
VanDyke grabbed headlines in October when he started crying during his confirmation hearing before the Senate Judiciary Committee. The emotional moment came when he was asked about concerns that the ABA brought forth about his treatment of LGBT people. 
“I did not say that,” he said, fighting through tears. “I do not 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 ABA rated VanDyke, a former solicitor general in both Nevada and Montana, as “not qualified” following an investigation that included interviews with 60 individuals.
"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 group wrote in a letter to the Senate Judiciary Committee. 
"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," the ABA standing committee continued, noting that some interviewees "raised concerns about whether Mr. VanDyke would be fair to persons who are gay, lesbian, or otherwise part of the LGBTQ community."
Republican senators, during the committee hearing, dismissed the ABA's rating as a partisan attack because a member of the group's standing committee responsible for the 9th Circuit donated to one of VanDyke's political opponents. 
Republicans have put a premium on confirming Trump's circuit court nominees, and conservative outside groups praised VanDyke on Wednesday. 

"There are few better legal minds in the country today. I congratulate Lawrence and his family for their patience and perseverance to this great achievement,"  Hiram Sasser, the general counsel for First Liberty Institute, said in a statement. 
Casey Mattox, the vice president for legal and judicial strategy at Americans for Prosperity, called VanDyke a "highly qualified individual who is committed to faithfully interpreting the Constitution and our laws."
But VanDyke garnered widespread, fierce opposition from Democrats and civil rights groups. 
Neither of his home-state senators, Sens. Catherine Cortez MastoCatherine Marie Cortez MastoThe Hill's Campaign Report: Minneapolis protests rock the nation Cortez Masto says she's not interested in being Biden VP The Memo: Activists press Biden on VP choice MORE (D-Nev.) nor Jacky RosenJacklyn (Jacky) Sheryl RosenThe Hill's Coronavirus Report: Mnuchin sees 'strong likelihood' of another relief package; Warner says some businesses 'may not come back' at The Hill's Advancing America's Economy summit The Hill's Coronavirus Report: CDC Director Redfield responds to Navarro criticism; Mnuchin and Powell brief Senate panel Hillicon Valley: Experts raise security concerns about online voting | Musk finds supporter in Trump | Officials warn that Chinese hackers targeting COVID-19 research groups MORE (D-Nev.), returned their blue slips on the nomination. A blue slip is a sheet of paper that indicates if a home-state senator supports a nominee. Republicans made history by confirming the first circuit judge nominees who did not receive a blue slip from either home-state senator. 

"Mr. VanDyke’s temperament and integrity have been called into question by his colleagues and the American Bar Association, which rated him 'not qualified' for the federal bench.  And Mr. VanDyke’s record ... is far outside the mainstream," said Sen. Dianne FeinsteinDianne Emiel FeinsteinGraham announces hearing on police use of force after George Floyd killing Frustration builds in key committee ahead of Graham subpoena vote  The Hill's Morning Report - Presented by Facebook - Major space launch today; Trump feuds with Twitter MORE (D-Calif.). 
Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerPelosi, Schumer say treatment of protesters outside White House 'dishonors every value that faith teaches us' Is the 'endless frontier' at an end? Judd Gregg: Biden — a path to the presidency, or not MORE (D-N.Y.) said VanDyke is "unqualified even in comparison to some of the worst nominees we’ve seen under this administration."

"Please reject this nominee. He is so unqualified. He’s a low human being, at least according to all of this, and he’ll have a lifetime appointment on a circuit bench?" Schumer added.