Biden picks NC solicitor general as nominee for 4th Circuit appeals court vacancy

President Joe Biden on Wednesday announced his intent to nominate North Carolina Solicitor General Ryan Y. Park to the 4th Circuit Court of Appeals.

The nomination won’t make it far, North Carolina’s Republican senators said in a joint statement. But Park may not need their votes.

The U.S. Senate must confirm Park’s nomination before it’s finalized. And North Carolina’s GOP Sens. Thom Tillis and Ted Budd haven’t been interested in filling the state’s federal court vacancies, partly because the White House hasn’t reached a consensus with them, the Observer previously reported.

Tillis and Budd also aren’t interested in moving forward with the latest pick.

“This nomination is a non-starter and the White House has already been informed they do not have the votes for confirmation,” a joint statement from Budd and Tillis said. “While the White House has fallen short of engaging the advice and consent process in good faith for North Carolina’s judicial vacancies, we still hope to work together to find a consensus nominee who can earn bipartisan support and be confirmed.”

The White House responded by saying Park is exactly the kind of “consensus nominee” senators say they want to see.

“North Carolinians from across the political and ideological spectrum, including law enforcement leaders and prominent conservatives in the state, have made clear that they view Mr. Park as an outstanding pick—someone who puts the rule of law above partisan politics, a senior Biden administration official said.

The White House said it also approached the nomination process in “good faith” by considering candidates suggested by the Senators, the official said.

If confirmed by the Democratic-controlled Senate, Park would be the first Asian American, Native American or Pacific Islander to serve on the 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia and West Virginia.

Who is Ryan Park?

Park has served as the Solicitor General since 2020, and previously served as the state’s deputy solicitor general from 2017-2020.

He has worked as a law clerk for U.S. Supreme Court justices, including Ruth Bader Ginsburg, and U.S. Court of Appeals and U.S District Court judges. Park is a member of the North Carolina Appellate Rules Committee. He’s argued more than 20 cases in state appellate courts.

He teaches at the University of North Carolina School of Law and Duke University School of Law.

Park’s work as deputy solicitor general and solicitor general has been “exemplary,” said Henry A. King Jr, 2024 president of the North Carolina Association of Chiefs of Police in a recommendation letter.

“Mr. Park’s commendable track record underscores his unwavering dedication to the rule of law and his steadfast commitment to upholding traditional constitutional values,” he said.

The National Fraternal Order of Police, the North Carolina Police Benevolent Association, the president of the North Carolina Association of Chiefs of Police as well as current and past chairs of the North Carolina Bar Association’s Appellate Rules Committee wrote letters of recommendation in support of Park’s nomination.

Park’s “dedication to justice” can be seen in State v. Oldroyd, which involved the 1996 ambush murder of Jonesville’s Sgt. Gregory K. Martin, said NC Police Executives Association President Estella D. Patterson in a recommendation letter.

Patterson said the case was unsolved until people responsible for the murder were identified, arrested, charged and convicted in 2014. One of the accomplices appealed his conviction.

“The state Court of Appeals agreed and vacated the defendant’s conviction,” she said. “Mr. Park appealed the case to the Supreme Court of North Carolina and served as lead counsel on appeal, which resulted in the decision being overturned and the accomplice set to serve his full sentence.”

The White House called attention in its release to Republican signatories including Justice Robert Edmunds and Justice Barbara Jackson on the letter from the North Carolina Bar Association’s Appellate Rules Committee. Both Edmunds and Jackson are Republican former Justices on the NC Supreme Court.

The confirmation process

Now that the Biden administration announced Park’s nomination, it will send paperwork to the Senate.

The Senate would need to hold a hearing, followed by committee vote and a floor vote for the confirmation, said University of Richmond law professor Carl Tobias.

“I’m hopeful that he can have a hearing maybe even in late July or early September and then go forward to the committee for vote, and then onto the floor,” Tobias said. “So I think he’s got plenty of time.”

Even if Tillis and Budd oppose Park, his confirmation may go through, Tobias said. He said their votes are not necessary because of the Democratic majority in the Senate.

Out of 100 senators, 51 are Democrats or independents who vote with them, and 49 are Republicans.

“No nominee from Biden for the judiciary actually needs any Republican votes,” Tobias said.

Other federal court vacancies

The president also intends to nominate three people to federal district courts, but none of those are North Carolina vacancies.

Including the most recent announcements, there are 47 federal judicial vacancies across the country and 23 nominees pending.

Park’s nomination appears directed toward a spot held by 4th Circuit Judge James Wynn Jr., who announced his intent to step down in January. Wynn’s seat is among 26 future vacancies across federal courts.

Reporter Danielle Battaglia contributed to this story.