US Circuit Judge James Wynn has reversed his decision to retire, derailing Donald Trump’s opportunity to fill a key judicial seat. Wynn, appointed by Barack Obama to the Fourth US Circuit Court of Appeals in Richmond, Virginia, informed President Joe Biden of his decision in a letter on Friday.
This is the first time since Trump’s November election win that a Democrat-appointed appellate judge has rescinded plans to step down, keeping a critical seat from being filled by the Republican president.
Retirement Reversals Stir Political Debate
Wynn’s decision follows similar actions by two trial court judges, who also chose to stay active after the election. These moves have drawn criticism from Republican leaders, who accuse Democrat-appointed judges of politicizing the retirement process.
Senate Republican leader Mitch McConnell called the reversals “unprecedented.” Republican Senator Thom Tillis specifically accused Wynn of turning judicial retirement into a “partisan game.”
Tillis had previously opposed Biden’s nominee for Wynn’s seat, North Carolina Solicitor General Ryan Park. On Thursday, Park withdrew his nomination after it became clear he lacked the votes for Senate confirmation.
The withdrawal followed a post-election deal between Senate Democrats and Republicans. The agreement allowed a dozen of Biden’s trial court nominees to advance but blocked four appellate court nominees, including Park. Senate Democratic leader Chuck Schumer later confirmed that none of the four had sufficient support for confirmation.
Judges’ Decisions Keep Vacancies From Trump
Without confirmed nominees, Trump would have had the chance to fill four appellate court seats once in office. However, two of those vacancies depended on Democrat-appointed judges retiring, including Wynn.
Wynn initially announced in January that he would take senior status, a form of semi-retirement, once a successor was confirmed. In his letter to Biden on Friday, Wynn explained his change of heart, apologizing for “any inconvenience” his decision may have caused.
Conservative group Article III Project, led by Trump ally Mike Davis, filed judicial misconduct complaints against the two trial court judges who also rescinded their retirements. The judges, Max Cogburn in North Carolina and Algenon Marbley in Ohio, have not responded to the allegations.
The decisions by Wynn and others have fueled partisan tensions, with conservatives accusing judges of gaming the system to block Trump’s influence on the courts. By staying on the bench, Wynn ensures his seat remains occupied by a Democrat appointee, keeping Trump from reshaping the court. This rare reversal highlights the ongoing political battle over control of the judiciary.