by Jorge Gomez • 3 minutes
President Biden has put forth yet another radical judicial nominee whose record raises concerns whether religious groups would be treated fairly in court.
The President nominated Ryan Y. Park for the U.S. 4th Circuit Court of Appeals. Park currently serves as the solicitor general of North Carolina.
In Berean Baptist Church v. Cooper, Park defended North Carolina Gov. Roy Cooper’s executive order during COVID limiting worship services in church to 10 people. However, the state’s restrictions did not apply the 10-person limit to grocery stores, shopping centers, libraries transit stations, medical facilities and other businesses.
Park lost that case. A federal district court ruled in favor of the churches that sued the state over these unequal restrictions. The Court specifically pointed out that Park, as solicitor general, failed to “explain why the Governor trusts those who run funerals to have 50 people inside to attend the funeral, but only trusts religious entities and individuals to have 10 people inside to worship.”
In its ruling, the Court made clear that there were “glaring inconsistencies between the treatment of religious entities and individuals and non-religious entities and individuals.”
“The Governor cannot treat religious worship as a world apart from non-religious activities with no good, or more importantly, constitutional, explanation,” the decision added.
During Park’s confirmation hearing last week, Sen. Josh Hawley of Missouri questioned the nominee on this issue. Hawley brought attention to Park’s argument that Walmart, Lowes and similar retail stores should be allowed to operate regardless of the governor’s restrictions. Churches, however, were not considered “essential” and had to be subject to more severe limitations.
Park responded to the questions saying, “I had a brief involvement in that case,” when he was, in fact, the attorney of record.
Another day, another Biden judicial nominee who thinks churches should be closed.
This one supported locking down churches during COVID – but keeping Walmart and Lowe’s open pic.twitter.com/wMdrFZXD3S
— Josh Hawley (@HawleyMO) July 31, 2024
Sen. John Kennedy of Louisiana also expressed opposition to Park’s nomination, calling the nominee an “activist” state solicitor general who would try to “bend the law” to comport with his beliefs.
Sen. Thom Tillis of North Carolina raised the same concerns. Tillis showed a video during the hearing with clips of Park expressing his satisfaction “as a progressive lawyer who wanted to make a difference” to be “working for a new progressive attorney general,” Josh Stein.
Senate Minority Leader Mitch McConnell warned that Park would be a proponent of “progressive activism.” McConnell was referring to a panel interview held by the NYU School Law, where Park described himself as “the tip of the spear to try to effectuate the policy judgments and the positions” held by AG Stein. “I feel privileged to be able to advise him,” Park added.
🚨There’s a reason that Biden Fourth Circuit judicial nominee Ryan Park has zero support from either of his home state Senators – he’s a radical left-wing activist.
Ryan Park has no business becoming a federal judge. pic.twitter.com/tL2tcHIndR
— Carrie Severino (@JCNSeverino) July 31, 2024
In a joint statement, Sen. Tillis and Sen. Ted Budd of North Carolina said “this nomination is a non-starter and the White House has already been informed they do not have the votes for confirmation.”
The U.S. Senate will be on recess during August and is expected to return sometime in September. Senate Majority Leader Chuck Schumer of New York has said that he plans to push as many judicial confirmations as possible in the coming months.
Park isn’t the first judicial pick with an alarming record. First Liberty has previously warned about many Biden nominees with a dismal record on religious freedom and who generate little confidence that religious Americans would be treated fairly and equally in the courtroom.
Americans confront increasing attacks on their religious liberty rights. Now, more than ever, our federal courts need judges who are committed the Constitution and the rule of law—who will rule according to principle and not political ideology. First Liberty will continue to monitor judicial nominees and to provide the facts about those with a radical or unacceptable record.
Read More:
National Review: Hopefully Biden’s Nomination of This Radical Activist Is Going Nowhere
Reuters: Senators grill US appeals court nominee over ‘activist’ legal work
Courthouse News Service: North Carolina senator vows to sink Fourth Circuit nominee in judiciary scrap with White House
The Carolina Journal: Future of NC solicitor general’s federal nomination uncertain after hearing
Sen. Minority Leader Mitch McConnel: Biden-Harris Admin. Judicial Wishlist: Marxism Apologists, Progressive Activists, And Nepotism Hires
New York Times: Schumer Promises Year-End Judicial Push as Courts Gain New Political Importance
The Hill: On judicial nominations, Biden’s term has been a failure
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