US Circuit Judge James Wynn has reversed his decision to retire, preventing Donald Trump from filling a critical 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 rare move marks the first time since Trump’s election victory in November that a Democrat-appointed appellate judge has decided to remain active instead of stepping down.
Conservative Criticism of Post-Election Retirement Reversals
Wynn is one of three judges who have reversed retirement plans since the election, drawing sharp criticism from Republican leaders.
Senate Republican leader Mitch McConnell described the trend as “unprecedented,” while Senator Thom Tillis accused Wynn of politicizing the judicial retirement process. Tillis had strongly opposed Biden’s nominee to replace Wynn, North Carolina Solicitor General Ryan Park.
Park formally withdrew his nomination on Thursday after it became clear he did not have the votes to secure Senate confirmation. The withdrawal followed a post-election agreement between Senate Democrats and Republicans. While the deal advanced about a dozen of Biden’s trial court nominees, it blocked votes on four appellate nominees, including Park.
Judges Staying Active Keep Trump From Filling Vacancies
Without confirmed successors, Trump had an opportunity to fill four appellate court seats after taking office. Two of those vacancies depended on Democrat-appointed judges following through on retirement plans.
Wynn had initially announced his intent to take senior status in January, contingent upon a confirmed successor. On Friday, he officially reversed his decision, apologizing to Biden for “any inconvenience” caused by his choice to remain active.
The Article III Project, a conservative group led by Trump ally Mike Davis, responded by filing judicial misconduct complaints against two trial court judges who also reversed their retirement plans. Judges Max Cogburn in North Carolina and Algenon Marbley in Ohio have not commented on the complaints.
These reversals have heightened partisan tensions over judicial appointments. By remaining on the bench, Wynn ensures his seat stays with a Democrat-appointed judge, frustrating Trump’s efforts to reshape the court’s ideological balance. The controversy highlights the judiciary’s central role in ongoing political battles.
