Patrick Wyrick

{{Short description|American judge (born 1981)}}

{{Use mdy dates|date=July 2019}}

{{Infobox officeholder

| name = Patrick Wyrick

| image = Patrick Wyrick (Judge) (cropped).jpg

| office = Judge of the United States District Court for the Western District of Oklahoma

| appointer = Donald Trump

| term_start = April 10, 2019

| term_end =

| predecessor = David Lynn Russell

| successor =

| office1 = Vice Chief Justice of the Oklahoma Supreme Court

| term_start1 = January 1, 2019

| term_end1 = April 10, 2019

| predecessor1 = Noma Gurich

| successor1 = Richard Darby

| office2 = Associate Justice of the Oklahoma Supreme Court

| appointer2 = Mary Fallin

| term_start2 = February 9, 2017

| term_end2 = April 10, 2019

| predecessor2 = Steven W. Taylor

| successor2 = Dustin Rowe

| office3 = Solicitor General of Oklahoma

| 1blankname3 = Attorney General

| 1namedata3 = Scott Pruitt

| term_start3 = 2011

| term_end3 = 2017

| predecessor3 = Position established

| successor3 = Mithun Mansinghani

| birth_name = Patrick Robert Wyrick

| birth_date = {{Birth date and age|1981|03|11}}

| birth_place = Denison, Texas, U.S.

| death_date =

| death_place =

| education = University of Oklahoma (BA, JD)

| party =

}}

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.{{cite news |last=Hoberock |first=Barbara |date=February 10, 2017 |title=Gov. Mary Fallin taps Patrick Wyrick to serve on the Oklahoma Supreme Court |url=http://www.tulsaworld.com/homepagelatest/gov-mary-fallin-taps-patrick-wyrick-to-serve-on-the/article_08571baf-a70c-5ec8-8417-4123f7cd8815.html |work=Tulsa World |location=Tulsa, Oklahoma |access-date=October 3, 2017 }}

Education and early career

Wyrick was born in Denison, Texas, and raised in Atoka, Oklahoma, where he graduated from Atoka High School. 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.{{cite web |url=http://www.law.ou.edu/news-and-media/ou-law-alumnus-patrick-wyrick-named-oklahoma-supreme-court |title=OU Law Alumnus Patrick Wyrick Named to Oklahoma Supreme Court |last=Dilbeck |first=Mackenzie |date=February 9, 2017 |website=College of Law News and Media|publisher=University of Oklahoma |access-date=October 3, 2017 |quote=}} Wyrick clerked for Judge James H. Payne of the United States District Court for the Eastern District of Oklahoma from 2007 to 2008.

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. Wyrick argued on behalf of the state in numerous cases before the Oklahoma Supreme Court and in federal courts.{{cite web |url=https://www.ok.gov/triton/modules/newsroom/newsroom_article.php?id=223&article_id=29262# |title= Press Release: Gov. Fallin Names Patrick Wyrick to Fill Vacancy on Oklahoma Supreme Court |author= |date=February 9, 2017 |website=Office of Governor Mary Fallin |publisher=State of Oklahoma |access-date=October 3, 2017 |quote=}} 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.{{cite news |last=Lithwick |first=Dahlia |date=April 30, 2015 |title=A Horrifying Day at Court: Death brings out the worst in the justices |url=http://www.slate.com/articles/news_and_politics/supreme_court_dispatches/2015/04/glossip_v_gross_supreme_court_justices_argue_about_lethal_injection_abolition.html |work=Slate |location=New York City |access-date=October 3, 2017}}{{cite news |last=Liptak |first=Adam |date=June 29, 2015 |title=Supreme Court Allows Use of Execution Drug |url=https://www.nytimes.com/2015/06/30/us/supreme-court-execution-drug.html?_r=0 |work=The New York Times |location=New York City |access-date=October 3, 2017}} Justices Sonia Sotomayor and Elena Kagan questioned Wyrick "forcefully" and "intensely" during oral arguments in the case.{{cite news |last1=Berman |first1=Mark |last2=Barnes |first2=Robert |date=April 29, 2015 |title=Supreme Court hearing about lethal injection procedures turns into heated debate |url=https://www.washingtonpost.com/news/post-nation/wp/2015/04/29/the-supreme-court-is-considering-lethal-injection-for-the-first-time-in-nearly-a-decade-heres-why/ |newspaper=The Washington Post |location=Washington, D.C. |access-date= October 3, 2017}}

State judicial service

Oklahoma Supreme Court justice Steven W. Taylor retired on December 31, 2016.{{cite news |last=Hoberock |first=Barbara |date=August 3, 2016 |title=Oklahoma Supreme Court Justice Steven Taylor to retire Dec. 31 |url=http://www.tulsaworld.com/homepagelatest/oklahoma-supreme-court-justice-steven-taylor-to-retire-dec/article_3f6da30b-db36-5b91-aedf-a214ace195d1.html |work=Tulsa World |location=Tulsa, Oklahoma |access-date=October 3, 2017 }} The Oklahoma Judicial Nominating Commission submitted three names of potential nominees to replace Taylor to Governor Mary Fallin.{{cite news |last=Talley |first=Tim |date=January 29, 2017 |title=Oklahoma governor considers 3 for her first high court nod |url=http://www.washingtontimes.com/news/2017/jan/29/oklahoma-governor-considers-3-for-her-first-high-c/ |agency=Associated Press |location=Oklahoma City |access-date=October 3, 2017}} Wyrick and two Oklahoma district court judges, Mark Campbell and Jonathan Sullivan, were nominated by the commission. Fallin selected Wyrick for the vacancy, and he was appointed on February 9, 2017. He was elected Vice Chief Justice on November 15, 2018, for a term starting January 1, 2019.{{Cite web |url=https://newsok.com/article/5615029/oklahoma-supreme-court-elects-new-chief-vice-chief/ |title=Oklahoma Supreme Court elects new chief, vice chief |last=Schwab |first=Kyle |date=November 15, 2018 |website=NewsOK.com |language=en-US |access-date=April 24, 2019}} 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.{{cite news |last=Ellis |first=Randy |date=March 7, 2017 |title=Supreme Court rejects challenge to Wyrick's appointment |url=http://newsok.com/article/5540698 |work=The Oklahoman|location=Oklahoma City |access-date=October 3, 2017 }}

On November 17, 2017, Wyrick was named by President Donald Trump as a potential nominee to the Supreme Court of the United States.{{cite web|url=https://trumpwhitehouse.archives.gov/the-press-office/2017/11/17/president-donald-j-trumps-supreme-court-list|title=President Donald J. Trump's Supreme Court List|date=November 17, 2017|access-date=May 30, 2018|via=National Archives|work=whitehouse.gov|language=en}}

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.{{cite news |last1=Ellis |first1=Randy |last2=Schwab |first2=Kyle |title=Voters retain Supreme Court justices, appellate judges |url=https://newsok.com/article/5614246/voters-retain-supreme-court-justices-appellate-judges |access-date=February 13, 2019 |publisher=NewsOK |date=November 7, 2018}}

Federal judicial service

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.{{cite web |title=Presidential Nomination 1812, 115th United States Congress |date=April 10, 2018 |url=https://www.congress.gov/nomination/115th-congress/1812 |publisher=United States Congress |access-date=June 30, 2018}} He was nominated to the seat vacated by Judge David Lynn Russell, who assumed senior status on July 7, 2013.[https://trumpwhitehouse.archives.gov/presidential-actions/ten-nominations-sent-senate-today-2/ "Ten Nominations Sent to the Senate Today", The White House, April 10, 2018] On May 23, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[https://www.judiciary.senate.gov/meetings/05/23/2018/nominations United States Senate Committee on the Judiciary: Nominations for May 23, 2018] 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.{{cite news |last1=Wingerter |first1=Justin |title=Patrick Wyrick, state Supreme Court justice, faces flak over ties to Devon Energy, his residency and Sotomayor's rebuke |url=https://oklahoman.com/article/5595710/patrick-wyrick-state-supreme-court-justice-faces-flak-over-ties-to-devon-energy-his-residency-and-sotomayors-rebuke |access-date=13 June 2019 |publisher=The Oklahoman |date=May 24, 2018}} On June 14, 2018, his nomination was reported out of committee by an 11–10 vote.[https://www.judiciary.senate.gov/imo/media/doc/Results%20of%20Executive%20Business%20Meeting%2006-14-18.pdf Results of Executive Business Meeting – June 14, 2018, Senate Judiciary Committee]

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.[https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-intent-nominate-judicial-nominees/ "President Donald J. Trump Announces Intent to Nominate Judicial Nominees", White House, January 23, 2019] His nomination was sent to the Senate later that day.[https://trumpwhitehouse.archives.gov/presidential-actions/nominations-sent-senate-2/ "Nominations Sent to the Senate", White House, January 23, 2019] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[https://www.judiciary.senate.gov/imo/media/doc/02.07.2019%20Results%20of%20Executive%20Business%20Meeting1.pdf Results of Executive Business Meeting – February 7, 2019, Senate Judiciary Committee] On April 9, 2019, the Senate invoked cloture on his nomination by a 53–46 vote.[https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00067 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] He was confirmed later that day by a 53–47 vote.[https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00068 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] He received his judicial commission on April 10, 2019.{{FJC Bio|nid=6273451|inline=yes}}

=Notable rulings=

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.{{Cite news|last=Raymond|first=Nate|title=Ban on marijuana users owning guns is unconstitutional, U.S. judge rules|url=https://www.reuters.com/world/us/ban-marijuana-users-owning-guns-is-unconstitutional-us-judge-rules-2023-02-04/|website=reuters.com|date=February 6, 2023 |access-date=April 21, 2023|language=en}}

Memberships

He has been a member of the Federalist Society since approximately 2011.[https://www.judiciary.senate.gov/imo/media/doc/Wyrick%20SJQ.pdf United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Patrick Wyrick]

Electoral history

;2018

{{Election box begin no change

| title = Oklahoma Supreme Court – District 2 – Retain Patrick Wyrick, November 6, 2018{{cite web|title=Official Results — General Election — November 6, 2018|url=https://www.ok.gov/elections/support/20181106_seb.html|date=November 16, 2018|website=Oklahoma State Election Board|access-date=July 4, 2019|archive-date=November 20, 2018|archive-url=https://web.archive.org/web/20181120095415/https://www.ok.gov/elections/support/20181106_seb.html|url-status=dead}}

}}

{{Election box winning candidate with party link no change

| party = Nonpartisan politician

| candidate = Yes

| votes = 635,334

| percentage = 61.65%

}}

{{Election box candidate with party link no change

| party = Nonpartisan politician

| candidate = No

| votes = 395,216

| percentage = 38.35%

}}

{{Election box majority no change

| votes = 240,118

| percentage = 23.30%

}}

{{Election box total no change

| votes = 1,030,550

| percentage = 100.00%

}}

{{Election box end}}

See also

References

{{Reflist}}