U.S. Circuit Judge James Wynn, appointed by Democratic President Barack Obama to the 4th U.S. Circuit Court of Appeals, has reversed his decision to retire, denying President-elect Donald Trump the opportunity to fill the judicial vacancy. This rare move, disclosed in a letter to President Joe Biden, marks the first instance of a Democratic-appointed appellate judge rescinding plans to take senior status since Trump’s November election win. Senior status is a semi-retirement for judges that creates vacancies for the president to fill.
Wynn’s decision follows similar actions by two trial court judges, prompting criticism from conservatives, including Senate Republican Leader Mitch McConnell, who described the move as an “unprecedented” partisan tactic. Republican Senator Thom Tillis also accused Wynn of turning the judicial retirement process into a “partisan game.”
Wynn’s reversal came after Biden’s nominee to succeed him, North Carolina Solicitor General Ryan Park, withdrew from consideration when his Senate confirmation became unlikely. Following a deal between Senate Democrats and Republicans, a dozen of Biden’s trial court nominees were confirmed in exchange for halting votes on four appellate nominees, including Park.
Wynn, 70, had originally planned to take senior status contingent on his successor’s confirmation but changed his mind. He apologized for any inconvenience caused. The Article III Project, a group aligned with Trump, filed judicial misconduct complaints against the two trial judges who also rescinded their retirements.
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