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    Patrick Wyrick

    From Ballotpedia - Reading time: 14 min
    Patrick Wyrick

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    Nonpartisan

    United States District Court for the Western District of Oklahoma

    Tenure

    2019 - Present

    Years in position

    2

    Prior offices
    Oklahoma Supreme Court

    Education

    Bachelor's

    University of Oklahoma, 2004

    Law

    University of Oklahoma College of Law, 2007

    Patrick R. Wyrick is a judge on the United States District Court for the Western District of Oklahoma. On April 11, 2018, President Donald Trump (R) nominated Wyrick to a seat on this court.[1] The U.S. Senate confirmed Wyrick on April 9, 2019, by a vote of 53-47.[2] He received his judicial commission on April 10, 2019.[3]

    The United States District Court for the Western District of Oklahoma is one of 94 U.S. district courts. They are the general trial courts of the United States federal courts. To learn more about the court, click here.

    At the time of his confirmation, Wyrick joined two other judges nominated by Donald Trump and two judges nominated by George W. Bush (R). The court had two vacancies.

    Wyrick was a nonpartisan justice of the Oklahoma Supreme Court from 2017 to 2019. He was appointed to the court by Governor Mary Fallin (R) on February 9, 2017, to succeed retired Justice Steven Taylor.[4] Wyrick previously served as the solicitor general of Oklahoma from 2011 to 2017.

    Wyrick was included on President Donald Trump’s (R) June 2018 list of 25 potential Supreme Court nominees to replace Justice Anthony Kennedy on the court. Trump first released such a list during his 2016 presidential campaign and stated, “This list is definitive and I will choose only from it in picking future Justices of the United States Supreme Court.”[5][6]

    Judicial nominations, appointments, and elections[edit]

    U.S. District Court for the Western District of Oklahoma (2018)[edit]

    See also: Federal judges nominated by Donald Trump

    On April 11, 2018, President Donald Trump (R) nominated Wyrick as an Article III judge on the Western District of Oklahoma.[1] The U.S. Senate confirmed Wyrick by a 53-47 vote on April 9, 2019.[2] To read more about the federal nominations process, click here.

    Nomination Tracker
    Fedbadgesmall.png
    Nominee Information
    Name: Patrick Wyrick
    Court: United States District Court for the Western District of Oklahoma
    Progress
    Confirmed 363 days after nomination.
    ApprovedANominated: April 11, 2018
    ApprovedAABA Rating: Majority qualified/Minority not qualified
    ApprovedAQuestionnaire: Questionnaire
    ApprovedAHearing: May 23, 2018
    ApprovedAQFRs: QFRs (Hover over QFRs to read more)
    ApprovedAReported: June 14, 2018 (first)/February 7, 2019 (second) 
    ApprovedAConfirmed: April 9, 2019
    ApprovedAVote: 53-47


    Confirmation vote[edit]

    The U.S. Senate confirmed Wyrick on April 9, 2019, on a vote of 53-47 along party lines.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.

    Patrick Wyrick confirmation vote (April 9, 2019)
    Party Yea Nay No vote
    Electiondot.png Democratic 0 45 0
    Ends.png Republican 53 0 0
    Grey.png Independent 0 2 0
    Total 53 47 0
    Change in Senate rules[edit]
    See also:
    Filibuster and reconciliation in the United States Congress
    Federal judges nominated by Donald Trump
    United States federal courts

    Wyrick was the third judge to be confirmed to a U.S. District Court under a new precedent the Senate established.

    On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[7]

    The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[8]

    It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[9] For more, see Filibuster and reconciliation in the United States Congress.


    Senate Judiciary Committee hearing[edit]

    The Senate Judiciary Committee held hearings on Wyrick's nomination on May 23, 2018. The committee voted 11-10 on June 14, 2018, to advance his nomination to the full U.S. Senate.[10]

    The Senate Judiciary Committee favorably reported Wyrick's nomination on February 7, 2019.[11] Click here to see how the committee voted. Wyrick's nomination was one of 44 that Sen. Lindsey Graham (R-S.C.) reported that day.

    The Administrative State Project
    The Administrative State Project Badge.png
    Read more about the administrative state on Ballotpedia.
    Comments on the administrative state[edit]
    See also: Administrative state

    Wyrick made the following comments regarding the administrative state during a September 2016 panel discussion at George Mason University's Antonin Law School: “I think at this point I’m in the Phil Hamburger school of the entire administrative state is unlawful I think we have all sorts of basic, fundamental, Constitutional problems with the nature of the current administrative state.”[12]

    During his confirmation hearing before United States Senate Judiciary Committee on May 23, 2018, U.S. Senator Dianne Feinstein (D-Calif.) questioned whether Wyrick continued to support his September 2016 comments. Wyrick stated that he had made the comments in the capacity of "an advocate litigating on behalf of the State of Oklahoma.” He also stated, “I don’t believe the entire administrative state is unlawful.”[12][13]

    Wyrick offered further insight into his views on the administrative state in the written questions for the record following the hearing. He stated, "As a judge, it is clear that the administrative state is not unconstitutional, as binding precedents from the Supreme Court and Tenth Circuit make clear. If confirmed, I will faithfully apply those precedents."[12]

    Nomination[edit]

    Wyrick was nominated by President Donald Trump (R) on April 11, 2018, to a seat on the United States District Court for the Western District of Oklahoma.[1] Wyrick was nominated to succeed Judge David L. Russell, who assumed senior status on July 7, 2013.[2]

    At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Wyrick's nomination to President Trump.[14] Wyrick was one of 51 individuals the president re-nominated on January 23, 2019.[15]

    The American Bar Association rated Wyrick qualified by a majority and not qualified by a minority for the position.[16] To read more about ABA ratings, click here.

    Oklahoma Supreme Court (2017-2019)[edit]

    Wyrick was a nonpartisan justice of the Oklahoma Supreme Court from 2017 to 2019. He was appointed to the court by Governor Mary Fallin (R) on February 9, 2017, to succeed retired Justice Steven Taylor.[4]

    2018 election[edit]

    See also: Oklahoma Supreme Court elections, 2018

    Oklahoma Supreme Court

    Patrick Wyrick was retained to the Oklahoma Supreme Court on November 6, 2018 with 61.6% of the vote.

    Retention
     Vote
    %
    Votes
    ✔
    Yes
     
    61.6
     
    		 635,334
    No
     
    38.4
     
    		 395,216
    Total Votes
    		 1,030,550

    It has been certified. Source


    Early life and education[edit]

    Wyrick was born in 1981 in Denison, Texas. He received his B.A. from the University of Oklahoma in 2004 and his J.D. from the University of Oklahoma College of Law in 2007.[17]

    Professional career[edit]

    Possible Donald Trump nominee to the U.S. Supreme Court[edit]

    See also: Possible nominees to replace Anthony Kennedy on the United States Supreme Court
    See also: Process to fill the vacated seat of Justice Antonin Scalia

    2018[edit]

    Wyrick was listed by President Donald Trump (R) as a potential Supreme Court nominee to replace Justice Anthony Kennedy. Kennedy announced he would retire from the court effective July 31, 2018.[18] Trump ultimately chose Brett Kavanaugh as the nominee. Click here to learn more.

    2017[edit]

    On November 17, 2017, Wyrick was included in a third list of individuals from which President Donald Trump would choose to fill vacancies on the U.S. Supreme Court.

    A White House statement announcing the nominees stated,[19]

    “

    One year ago, President Donald J. Trump was elected to restore the rule of law and to Make the Judiciary Great Again. Following the successful confirmation of Justice Neil M. Gorsuch to the Supreme Court of the United States and the nomination of more than seventy Federal judges—including five individuals from his Supreme Court list—President Trump today announced that he is refreshing his Supreme Court list with five additional judges. President Trump will choose a nominee for a future Supreme Court vacancy, should one arise, from this updated list of 25 individuals. The President remains deeply committed to identifying and selecting outstanding jurists in the mold of Justice Gorsuch. These additions, like those on the original list released more than a year ago, were selected with input from respected conservative leaders.[20]

    		”

    Noteworthy events[edit]

    Residency lawsuit[edit]

    On February 14, 2017, the ACLU of Oklahoma filed suit against Wyrick, alleging that he did not meet the residency requirements to serve as a supreme court justice.[21] Oklahoma law requires that an appointee to the supreme court shall have been a qualified voter in the district from which he is appointed as a justice for at least one year. The lawsuit alleged that Wyrick lived with his family in the Oklahoma City metro area, outside the district from which Gov. Fallin appointed him. On March 7, 2017, the Oklahoma Supreme Court dismissed the lawsuit, stating that in the type of legal action available to test Wyrick's title to his office, only the state attorney general, a district attorney, or a contestant for the office would have been a proper plaintiff and that this lawsuit was instead "a collateral attack by a private individual."[22][23]

    Awards and associations[edit]

    Awards[edit]

    • 2017: Spotlight on Alumni in Public Service, University of Oklahoma College of Law
    • 2007: Supreme Court Award, University of Oklahoma College of Law[17]

    Associations[edit]

    • 2011-present: The Federalist Society
    • 2010-present: Leadership Oklahoma
    • 2007-present: Oklahoma Bar Association
    • 2014-2016: National Conference of Commissioners on Uniform State Laws
    • 2008-2011: American Bar Association
    • 2008-2010: Oklahoma County Bar Association
    • 2007-2010: Ruth Bader Ginsburg American Inn of Court
    • 2007-2008: Federal Bar Association[17]

    About the court[edit]

    Western District of Oklahoma
    Tenth Circuit
    OK-WD.gif
    Judgeships
    Posts: 7
    Judges: 7
    Vacancies: 0
    Judges
    Chief: Timothy DeGiusti
    Active judges: Timothy DeGiusti, Jodi Dishman, Charles B. Goodwin, John Heil III, Bernard Jones, Scott Palk, Patrick Wyrick

    Senior judges:
    Wayne Alley, Robin Cauthron, Stephen Friot, Joe Heaton, Timothy D. Leonard, Vicki Miles-LaGrange, James Payne, David Russell


    The United States District Court for the Western District of Oklahoma is one of 94 United States district courts. It operates out of a courthouse in Oklahoma City, Oklahoma. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Tenth Circuit based in Denver, Colorado at the Byron White Federal Courthouse.

    The Western District of Oklahoma has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

    The jurisdiction of the Western District of Oklahoma consists of all the counties in the western part of the state of Oklahoma.

    The federal nomination process[edit]

    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[edit]

    Oklahoma Judicial Selection More Courts
    Seal of Oklahoma.png
    Judicialselectionlogo.png
    BP logo.png
    Courts in Oklahoma
    Oklahoma Court of Civil Appeals
    Oklahoma Court of Criminal Appeals
    Oklahoma Supreme Court
    Elections: 2021 • 2020 • 2019 • 2018 • 2017
    Gubernatorial appointments
    Judicial selection in Oklahoma
    Federal courts
    State courts
    Local courts

    External links[edit]

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         		Suggest a link

    Footnotes[edit]

    1. ↑ 1.0 1.1 1.2 White House, "Ten Nominations Sent to the Senate Today," April 11, 2018
    2. ↑ 2.0 2.1 2.2 2.3 Congress.gov, "PN258 — Patrick R. Wyrick — The Judiciary," accessed April 10, 2019
    3. ↑ Federal Judicial Center, "Wyrick, Patrick Robert," accessed April 12, 2019
    4. ↑ 4.0 4.1 Governor Mary Fallin, "Gov. Fallin Names Patrick Wyrick to Fill Vacancy on Oklahoma Supreme Court," February 9, 2017
    5. ↑ CBS News, "Trump says Justice Kennedy's replacement will come from list of 25," June 27, 2018
    6. ↑ FindLaw, "Trump Revises His Supreme Court Picks," September 26, 2016
    7. ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
    8. ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
    9. ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
    10. ↑ Senate Judiciary Committee, "Results of the Executive Business Meeting," June 14, 2018
    11. ↑ U.S. Senate Judiciary Committee, "Results of Executive Business Meeting," February 7, 2019
    12. ↑ 12.0 12.1 12.2 United States Senate Judiciary Committee, "Nomination of Patrick Wyrick to the U.S. District Court for the Western District of Oklahoma Questions for the Record May 30, 2018," May 30, 2018
    13. ↑ The Journal Record, "Confirmation hearing set for Wyrick," May 22, 2018
    14. ↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
    15. ↑ WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
    16. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees: 115th Congress," accessed April 9, 2019
    17. ↑ 17.0 17.1 17.2 17.3 U.S. Senate Committee on the Judiciary, "Questionnaire for judicial nominees: Patrick Robert Wyrick," accessed April 9, 2019
    18. ↑ CBS News, "Trump says Justice Kennedy's replacement will come from list of 25," June 27, 2018
    19. ↑ The White House, "President Donald J. Trump Announces Five Additions to Supreme Court List," November 17, 2017
    20. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    21. ↑ KFOR, "ACLU files lawsuit challenging eligibility of Oklahoma’s new Supreme Court Justice," February 14, 2017
    22. ↑ The Oklahoman, "Supreme Court rejects challenge to Wyrick's appointment," March 7, 2017
    23. ↑ The Supreme Court of the State of Oklahoma, "Spencer v. Wyrick," March 7, 2017
    Political offices
    Preceded by:
    David L. Russell     		Western District of Oklahoma
    2019–Current
    Seat #4     		Succeeded by:
    NA




    Oklahoma courts

    Federal courts:

    Tenth Circuit Court of Appeals • U.S. District Court: Eastern District of Oklahoma, Northern District of Oklahoma, Western District of Oklahoma • U.S. Bankruptcy Court: Eastern District of Oklahoma, Northern District of Oklahoma, Western District of Oklahoma

    State courts:

    Oklahoma Supreme Court • Oklahoma Court of Criminal Appeals • Oklahoma Court of Civil Appeals • Oklahoma District Courts • Oklahoma Workers' Compensation Court

    State resources:

    Courts in Oklahoma • Oklahoma judicial elections • Judicial selection in Oklahoma

    Licensed under CC BY-SA 3.0 | Original source: https://ballotpedia.org/Patrick_Wyrick
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