AFJ NOMINEE REPORT patrick Wyrick U.S. District Court for the Western District of Oklahoma WWW. AFJ.ORG CONTENTS Introduction, 1 Biography, 2 environment, 3 reproductive rights, 6 workers’ Rights, 7 death penalty, 9 Tribal Issues, 9 gun safety, 10 religious bigotry, 10 voting rights, 10 Conclusion, 11 WWW.AFJ.ORG PAGE 1 reproductive health, helped dismantle protections for workers, defended a Introduction law that attempted to codify religious intolerance toward Muslims, and even On April 10, 2018, President Trump came under fire for allegedly nominated Oklahoma Supreme Court attempting to mislead the U.S. Justice Patrick Wyrick to the U.S. Supreme Court during his defense of District Court for the Western District Oklahoma’s death penalty protocol. of Oklahoma. If confirmed, Wyrick, Wyrick’s nomination is in keeping with who is just 37 years old and has the Trump Administration’s stated practiced law for just over ten years, goal of filling the federal bench with will replace Judge David Russell, who judges who are hostile to government assumed senior status on July 7, 2013.1 regulations that protect health and Patrick Wyrick is also on President safety, the environment, consumers Trump’s short list for the Supreme and workers, having once stated, “I Court. think we have all sorts of basic Despite his short legal career, Wyrick fundamental Constitutional problems has made a name for himself as a with the nature of the current 2 protégé of current Environmental administrative state.” Protection Agency (EPA) As the Senate Judiciary Committee Administrator Scott Pruitt, for whom reviews Wyrick’s controversial he worked during Pruitt’s tenure as positions and activities during Oklahoma Attorney General. Wyrick government service, it is worth noting has taken far-right stances on a current committee Chairman Chuck number of controversial issues. While Grassley’s statement in opposing working as the Solicitor General for the Caitlin Halligan, then Solicitor General State of Oklahoma, Wyrick assisted of New York, to be a judge on the D.C. Pruitt in dismantling environmental Circuit: “Some of my colleagues have protections and was criticized for argued that we should not consider enabling Pruitt’s tight-knit relationship this aspect of [Caitlin] Halligan’s with oil and gas lobbyists. As reported record, because at the time she was by The New York Times and the working as the Solicitor General of Natural Resources Defense Council, New York. But, no one forced Ms. Wyrick was part of exchanges in which Halligan to approve and sign this Pruitt received talking points provided brief.” by oil, coal and gas lobbyists against environmental regulations, repeated Likewise, as Sen. Ted Cruz stated as those talking points, nearly verbatim, recently as May 2018, opposing Mark and then later accepted campaign Bennett’s nomination to the Ninth funds from those same special Circuit based on Bennett’s work as interests. Wyrick, with Pruitt, also Hawaii Attorney General, “[Bennett’s] advocated for restrictions on women’s record as Attorney General of Hawaii, I WWW.AFJ.ORG PAGE 2 believe, represents an advocacy position that is extreme and inconsistent with fidelity to law, in Biography particular, he was an aggressive Patrick Wyrick received his B.A. from advocate as attorney general for gay the University of Oklahoma in 2004, marriage, he was an aggressive and his J.D. from the University of advocate demonstrating hostility to the Oklahoma College of Law in 2007. first amendment and political speech, After law school, Wyrick clerked for and most significantly, he was-he is an Judge James Payne of the U.S. District aggressive advocate for undermining Court for the Eastern District of the Second Amendment.”3 Relying on Oklahoma. He then worked as an this same standard that arguments of a associate at GableGotwals. In 2011, government lawyer may be attributed Wyrick became solicitor general for to that lawyer himself, we believe that the State of Oklahoma, working under the positions Wyrick took in the then-Attorney General Scott Pruitt. As Attorney General’s Office, “represent[] solicitor general, Wyrick defended the an advocacy position that is extreme[.]” placement of a Ten Commandments His record indicates that, as a federal monument at the Oklahoma State judge, he would be a threat to civil Capitol that the Oklahoma Supreme rights, the environment, and workers. Court found unconstitutionally used Notably, in 2015, President Obama state property for “the use, benefit, or nominated Suzanne Mitchell, a highly support” of a system of religion. See qualified Magistrate Judge for the Prescott v. Okla. Capitol Pres. Western District of Oklahoma, to fill Comm’n, 373 P.3d 1032 (Okla. 2015). David Russell’s seat. She was voted out In 2017, Wyrick was appointed to the of committee on May 19, 2016, without Oklahoma Supreme Court by opposition, and had the full support of Republican Governor Mary Fallin. His both Oklahoma senators. Nevertheless, appointment was met with some Majority Leader Mitch McConnell never controversy, due to allegations that allowed her confirmation to move Wyrick did not reside in the district forward. In fact, no judges were that he was appointed to represent. confirmed to the Western District of The ACLU filed suit, which was Oklahoma during Obama’s presidency ultimately dismissed by the Oklahoma despite vacancies in three of the seven Supreme Court. Wyrick also lists seats. President Trump has now himself as counsel to Wyrick Lumber nominated three white men, including Company.4 Wyrick, to fill these vacancies. Like many of Trump’s judicial Alliance for Justice opposes Patrick nominees, Wyrick has been the Wyrick’s nomination. president of his local branch of the ultraconservative Federalist Society – WWW.AFJ.ORG PAGE 3 an outside organization to which Wyrick was regularly involved in Trump has delegated important communicating these talking points; aspects of the judicial selection Pruitt reportedly followed “quite process.5 explicit” suggestions from anti- environmental lobbyists that were directly facilitated by Wyrick. Environment According to email exchanges obtained through an open-records I. Ties to Pruitt and Special request by The New York Times, Pruitt’s staff reportedly took language Interests out of letters from these special interests, “copied it onto state Wyrick has a close relationship with government stationery with only a few President Trump’s EPA Administrator, word changes, and sent it to Scott Pruitt, having worked for Pruitt Washington with the attorney when Pruitt was Oklahoma Attorney general’s signature.” General. Pruitt has called Wyrick a “dear friend and trusted counselor.” For example, one official at Devon Wyrick has called Pruitt a “champion Energy – one of the largest oil and gas of fighting regulatory overreach at companies in Oklahoma – directly 6 both the federal and state level.” emailed Wyrick a draft letter in 2011 Wyrick’s praise of Pruitt extends to challenging Obama-era methane claims that people should “ensure regulations. Then, “Mr. Pruitt took the that the positions exercising those letter and, after changing just 37 oversight powers are filled by people – words in the 1,016-word draft, copied it like Attorney General Pruitt – who are onto his state government letterhead true believers in free market ideas and and sent it to Ms. [Lisa] Jackson, the 7 the power of innovation.” E.P.A. administrator.” The Devon Energy lobbyist, Bill Whitsett, later In his notes from one speech, Wyrick emailed Wyrick and Pruitt’s chief of wrote that “Pruitt’s time as AG came staff: “Outstanding! The timing of the in a time in history where we had an letter is great, given our meeting this administration [of President Obama] Friday with both E.P.A. and the White that was as aggressive as any in House… Please pass along Devon’s history in expanding federal power thanks to Attorney General Pruitt.” and aggregating power in 8 Washington.” In January 2013, the same Devon lobbyist emailed Wyrick, "I just let While Pruitt was attorney general, he General Pruitt know that BLM [Bureau took part in exchanges in which he of Land Management] is going to accepted campaign funds from oil, propose a different version of its coal, and gas special interests after federal lands hydraulic fracturing rule repeating verbatim the industry’s thanks to input received--thanks for talking points against EPA regulations. WWW.AFJ.ORG PAGE 4 the help on this! We'll see the new here we are, with Wyrick rightfully still proposal sometime next week, I appointed — and a Justice of the believe, and we'll be back in touch on Oklahoma Supreme Court until and potential next steps." Weeks later, he unless something changes — sitting followed up in an email to Wyrick on a court which just issued an requesting a meeting and attaching a indefinite stay on the release of his “draft letter (or something like it that former boss’s [Scott Pruitt’s] emails. It Scott [Pruitt] is comfortable talking just looks bad.” from and sending to the acting director to whom the letter is II. Challenges to Environmental addressed)[.]” Then, he sent Wyrick Protections and other staff members instructions on how to submit the letter to the • In Grocery Mfrs. Ass'n v. EPA, 693 regulatory bodies, as well as F.3d 169 (D.C. Cir. 2012), Wyrick information on federal procedures argued in an amicus brief on behalf and additional requests. Wyrick’s of Oklahoma that an EPA waiver deputy solicitor general responded, allowing an increased amount of “Thank you Bill, this helps! As you ethanol in certain fuels was know, in addition to the letter we are unlawful. The EPA argued that the trying to get a call with OMB setup," to waiver was a legal regulation under which the lobbyist replied, the Clean Air Act, which authorizes "Wonderful!" and asked for additional the EPA to “establish emission intel that Pruitt’s office could obtain.