Patrick Wyrick

American judge (born 1981)

Patrick Wyrick

Judge of the United States District Court for the Western District of Oklahoma

Incumbent

Assumed office
April 10, 2019
Appointed by| Donald Trump
Preceded by| David Lynn Russell
Vice Chief Justice of the Oklahoma Supreme Court
In office
January 1, 2019 – April 10, 2019
Preceded by| Noma Gurich
Succeeded by| Richard Darby
Associate Justice of the Oklahoma Supreme Court
In office
February 9, 2017 – April 10, 2019
Appointed by| Mary Fallin
Preceded by| Steven W. Taylor
Succeeded by| Dustin Rowe
Solicitor General of Oklahoma
In office
2011–2017
Attorney General| Scott Pruitt
Preceded by| Position established
Succeeded by| Mithun Mansinghani
Personal details
Born|

Patrick Robert Wyrick

(1981-03-11) March 11, 1981 (age 44)
Denison, Texas, U.S.
Education| University of Oklahoma (BA, JD)

Patrick Robert Wyrick (born March 11, 1981) is a United States district judge of the United States District Court for the Western District of Oklahoma and a former Associate Justice of the Oklahoma Supreme Court.

Wyrick previously served as Solicitor General in the Office of the Oklahoma Attorney General from 2011 to 2017.[1]

## Education and early career

[edit]

Wyrick was born in Denison, Texas, and raised in Atoka, Oklahoma, where he graduated from Atoka High School.[1] He earned a Bachelor of Arts degree from the University of Oklahoma in 2004, majoring in sociology and criminology, and received a Juris Doctor degree from the University of Oklahoma College of Law in 2007.[1][2] Wyrick clerked for Judge James H. Payne of the United States District Court for the Eastern District of Oklahoma from 2007 to 2008.[1]

Wyrick was an associate at the Oklahoma City law firm GableGotwals from 2008 to 2011, when he was hired by the office of Oklahoma Attorney General Scott Pruitt to become the state's first solicitor general.[1] Wyrick argued on behalf of the state in numerous cases before the Oklahoma Supreme Court and in federal courts.[3] Notably, he argued before the U.S. Supreme Court in the lethal injection case Glossip v. Gross (2015), where the court ruled in Oklahoma's favor by a 5–4 vote.[4][5] Justices Sonia Sotomayor and Elena Kagan questioned Wyrick "forcefully" and "intensely" during oral arguments in the case.[6]

## State judicial service

[edit]

Oklahoma Supreme Court justice Steven W. Taylor retired on December 31, 2016.[7] The Oklahoma Judicial Nominating Commission submitted three names of potential nominees to replace Taylor to Governor Mary Fallin.[8] Wyrick and two Oklahoma district court judges, Mark Campbell and Jonathan Sullivan, were nominated by the commission.[8] Fallin selected Wyrick for the vacancy, and he was appointed on February 9, 2017.[3] He was elected Vice Chief Justice on November 15, 2018, for a term starting January 1, 2019.[9] His tenure as an associate justice ended on April 10, 2019, when he received his commission as a federal district judge.

The American Civil Liberties Union (ACLU) of Oklahoma, acting on behalf of two Oklahoma residents, filed a lawsuit challenging Wyrick's appointment, arguing that he did not meet residency requirements for his judgeship. The Oklahoma Supreme Court dismissed the lawsuit on the grounds that the two residents lacked standing to sue.[10]

On November 17, 2017, Wyrick was named by President Donald Trump as a potential nominee to the Supreme Court of the United States.[11]

Wyrick ran in the retention election in November 2018 for a new six-year term. He was retained, with 62% of voters voting to retain him.[12]

## Federal judicial service

[edit]

On April 10, 2018, President Donald Trump nominated Wyrick to serve as a United States District Judge of the United States District Court for the Western District of Oklahoma.[13] He was nominated to the seat vacated by Judge David Lynn Russell, who assumed senior status on July 7, 2013.[14] On May 23, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[15] During his confirmation hearing, Democratic Senator Sheldon Whitehouse questioned him about an exchange he had with U.S. Supreme Court Justice Sonia Sotomayor during a 2015 death penalty case before the court.[16] On June 14, 2018, his nomination was reported out of committee by an 11–10 vote.[17]

On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, President Trump announced his intent to renominate Wyrick for a federal judgeship.[18] His nomination was sent to the Senate later that day.[19] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[20] On April 9, 2019, the Senate invoked cloture on his nomination by a 53–46 vote.[21] He was confirmed later that day by a 53–47 vote.[22] He received his judicial commission on April 10, 2019.[23]

### Notable rulings

[edit]

On February 3, 2023, he dismissed an indictment against a man who was charged with violating the federal ban on marijuana users possessing a firearm, ruling that the ban was unconstitutional in the wake of New York State Rifle and Pistol Association v. Bruen.[24]

## Memberships

[edit]

He has been a member of the Federalist Society since approximately 2011.[25]

## Electoral history

[edit]

2018
Oklahoma Supreme Court – District 2 – Retain Patrick Wyrick, November 6, 2018[26] Party  | Candidate  | Votes  | %

|
|
|

| Nonpartisan | Yes  | 635,334  | 61.65%
| Nonpartisan | No  | 395,216  | 38.35%
Majority  | 240,118  | 23.30%
Total votes | 1,030,550  | 100.00%

## See also

[edit]

* Donald Trump Supreme Court candidates
* Donald Trump judicial appointment controversies

## References

[edit]

1. ^ a b c d e Hoberock, Barbara (February 10, 2017). "Gov. Mary Fallin taps Patrick Wyrick to serve on the Oklahoma Supreme Court". Tulsa World. Tulsa, Oklahoma. Retrieved October 3, 2017.
2. ^ Dilbeck, Mackenzie (February 9, 2017). "OU Law Alumnus Patrick Wyrick Named to Oklahoma Supreme Court". College of Law News and Media. University of Oklahoma. Retrieved October 3, 2017.
3. ^ a b "Press Release: Gov. Fallin Names Patrick Wyrick to Fill Vacancy on Oklahoma Supreme Court". Office of Governor Mary Fallin. State of Oklahoma. February 9, 2017. Retrieved October 3, 2017.
4. ^ Lithwick, Dahlia (April 30, 2015). "A Horrifying Day at Court: Death brings out the worst in the justices". Slate. New York City. Retrieved October 3, 2017.
5. ^ Liptak, Adam (June 29, 2015). "Supreme Court Allows Use of Execution Drug". The New York Times. New York City. Retrieved October 3, 2017.
6. ^ Berman, Mark; Barnes, Robert (April 29, 2015). "Supreme Court hearing about lethal injection procedures turns into heated debate". The Washington Post. Washington, D.C. Retrieved October 3, 2017.
7. ^ Hoberock, Barbara (August 3, 2016). "Oklahoma Supreme Court Justice Steven Taylor to retire Dec. 31". Tulsa World. Tulsa, Oklahoma. Retrieved October 3, 2017.
8. ^ a b Talley, Tim (January 29, 2017). "Oklahoma governor considers 3 for her first high court nod". Oklahoma City. Associated Press. Retrieved October 3, 2017.
9. ^ Schwab, Kyle (November 15, 2018). "Oklahoma Supreme Court elects new chief, vice chief". NewsOK.com. Retrieved April 24, 2019.
10. ^ Ellis, Randy (March 7, 2017). "Supreme Court rejects challenge to Wyrick's appointment". The Oklahoman. Oklahoma City. Retrieved October 3, 2017.
11. ^ "President Donald J. Trump's Supreme Court List". whitehouse.gov. November 17, 2017. Retrieved May 30, 2018 - via National Archives.
12. ^ Ellis, Randy; Schwab, Kyle (November 7, 2018). "Voters retain Supreme Court justices, appellate judges". NewsOK. Retrieved February 13, 2019.
13. ^ "Presidential Nomination 1812, 115th United States Congress". United States Congress. April 10, 2018. Retrieved June 30, 2018.
14. ^ "Ten Nominations Sent to the Senate Today", The White House, April 10, 2018
15. ^ United States Senate Committee on the Judiciary: Nominations for May 23, 2018
16. ^ Wingerter, Justin (May 24, 2018). "Patrick Wyrick, state Supreme Court justice, faces flak over ties to Devon Energy, his residency and Sotomayor's rebuke". The Oklahoman. Retrieved June 13, 2019.
17. ^ Results of Executive Business Meeting – June 14, 2018, Senate Judiciary Committee
18. ^ "President Donald J. Trump Announces Intent to Nominate Judicial Nominees", White House, January 23, 2019
19. ^ "Nominations Sent to the Senate", White House, January 23, 2019
20. ^ Results of Executive Business Meeting – February 7, 2019, Senate Judiciary Committee
21. ^ On the Cloture Motion (Motion to Invoke Cloture: Patrick Wyrick, of Oklahoma, to be U.S. District Judge for the Western District of Oklahoma), United States Senate, April 9, 2019
22. ^ On the Nomination (Confirmation Patrick R. Wyrick, of Oklahoma, to be U.S. District Judge for the Western District of Oklahoma), United States Senate, April 9, 2019
23. ^ Patrick Wyrick at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
24. ^ Raymond, Nate (February 6, 2023). "Ban on marijuana users owning guns is unconstitutional, U.S. judge rules". reuters.com. Retrieved April 21, 2023.
25. ^ United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Patrick Wyrick
26. ^ "Official Results — General Election — November 6, 2018". Oklahoma State Election Board. November 16, 2018. Archived from the original on November 20, 2018. Retrieved July 4, 2019.

## External links

[edit]

* Patrick Wyrick at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
* Appearances at the U.S. Supreme Court from the Oyez Project
* Appearances on C-SPAN
* Questionnaire for Judicial Nominees for the United States Senate Committee on the Judiciary
* Contributor profile from the Federalist Society

Legal offices

New office |  Solicitor General of Oklahoma
2011–2017  | Succeeded by

Mithun Mansinghani

Preceded by

Steven W. Taylor

|  Associate Justice of the Oklahoma Supreme Court
2017–2019  | Succeeded by

Dustin Rowe

Preceded by

David Lynn Russell

|  Judge of the United States District Court for the Western District of Oklahoma
2019–present  | Incumbent

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