Senate makes bipartisan deal impacting Park’s nomination

On Wednesday night, US Senate Democrats agreed to stop four judicial nominations including Ryan Park, the solicitor general of North Carolina, to the Fourth Circuit Court of Appeals if Republicans work with them on other nominations. Biden nominated Park to replace retiring Judge James Wynn, but now that seat, and three others, will be filled by the incoming Trump administration instead.

“The Senate yesterday reached a deal to not bring President Biden’s four pending circuit nominees for a vote, which will allow President Trump to replace them,” said Sen. Thom Tillis, R-NC, in a press release Thursday announcing the bipartisan agreement. “This includes the Fourth Circuit vacancy. I expect the judges who submitted their retirements will not play partisan politics with a presidential transition and a bipartisan Senate deal by returning to retire. No judges did this during the previous lame duck because the judiciary needs to be above partisan politics.” 

He made it clear to the Senate’s Democratic leadership and the Biden administration that there were more than enough votes from both parties to stop Park’s confirmation to the Fourth Circuit. 

“This is the type of legislative action that both supporters and detractors have come to expect from Sen. Tillis on Capitol Hill,” said Mitch Kokai, senior political analyst at the John Locke Foundation.  “Critics will complain that Tillis was willing to accept a deal to allow some of President Biden’s judicial appointments to move forward. They will argue that Tillis should have rejected any kind of deal with any Democrat at any time for any reason.”

Tillis recently commented in opposition to Park’s confirmation to the Fourth Circuit, calling it a “non-starter.” He has also been critical of how the Biden administration has handled the confirmation process.

“Tillis’ supporters will counter that the senator agreed to a deal that helped keep a relatively young, progressive-left nominee from taking a critical seat on the important 4th US Circuit Court of Appeals,” remarked Kokai. “Ryan Park could have spent decades on that court issuing rulings that could disappoint constitutional conservatives again and again. Now, President-elect Trump will have a chance to fill that seat with a new Senate that should be friendly to his selection. For Tillis’ fans, keeping Park off the 4th Circuit will be worth the deal with Senate Democrats.” 

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