In 2001, George W. Bush appointed him as United States attorney for the Eastern District of Kentucky, a post he held from 2001 to 2005.

[9] On September 13, 2005, on the recommendation of Senators Jim Bunning and Mitch McConnell, President George W. Bush nominated Van Tatenhove to fill a seat on the United States District Court for the Eastern District of Kentucky previously held by Judge Karl Spillman Forester.

[15][16][17][18] The chair of the Kentucky Libertarian Party said he was disgusted with the judge's ruling, given that the TV station had changed its standards for inclusion in the debate mid-stream.

[16] On January 25, 2016, Van Tatenhove ruled in favor of the Christian apologetics, anti-evolution organization, Answers in Genesis, in the case of Ark Encounter vs. Bob Stewart, ordering the state to process the application for the tax rebate incentives for the Ark Encounter theme park that would become available once the attraction opened.

[19][20] On March 30, 2018, he ruled that Governor Bevin did not violate the 1st amendment when he blocked viewers from his Facebook and Twitter accounts due to their political beliefs.