Lawrence VanDyke broke down during a hearing about his nomination to a federal court, after the American Bar Association sent a fiercely-worded letter saying he was not qualified for the job.

The letter alleged that Mr VanDyke "would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community".

Interviewees had told the committee that Mr VanDyke “is arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice including procedural rules… that he 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 letter stated.

Questioned during the hearing about his commitment to fairness to the LGBT community, Mr VanDyke began openly crying before then affirming his commitment to fairness to all.