US Judge James Wynn Revokes Retirement Decision, Thwarts Trump Vacancy Fill
TL/DR –
US Circuit Judge James Wynn, who was appointed by Barack Obama, has revoked his decision to retire, meaning Donald Trump loses the opportunity to fill a judicial vacancy. Wynn, who sits on the fourth US circuit court of appeals in Richmond, Virginia, announced his decision in a letter to Joe Biden, marking the first time since Trump won the presidential election that a Democrat-appointed appellate judge has rescinded plans to take senior status. This move has prompted complaints by conservatives including Senate Republican leader Mitch McConnell, and has been labeled as an “unprecedented” occurrence of judges un-retiring post-election.
US Judge James Wynn Reverses Retirement Decision, Blocks Trump From Filling Vacancy
US appeals court judge James Wynn reversed his retirement decision, preventing Donald Trump from filling this judicial vacancy. Originally appointed by Barack Obama, Wynn made his decision known to Joe Biden in a letter.
This makes Wynn the first appellate judge appointed by a Democrat to revoke his plans of taking senior status since Trump’s victory in the presidential election. This semi-retirement status for judges usually creates vacancies that the president can fill.
Two trial court judges have also made similar decisions, leading to conservative criticisms, notably from Senate Republican leader Mitch McConnell, who commented on the unusual number of judges un-retiring after the election.
Republican senator Thom Tillis, who opposed Biden’s pick to fill Wynn’s place, accused Wynn of manipulating the judicial retirement system for partisan gain.
Wynn’s letter came just a day after Biden’s nominee, North Carolina solicitor general Ryan Park, withdrew his candidacy after his Senate confirmation became uncertain.
Post-election negotiations between Senate Democrats and Republicans resulted in an agreement to vote on several trial court nominees in exchange for not advancing four appellate court nominees, including Park.
A spokesperson for Democratic Senate majority leader Chuck Schumer stated that all four nominees lacked the necessary votes for confirmation.
This situation left Trump with potential vacancies to fill once he took office. However, two vacancies hinged on Democrat-appointed judges’ decisions to leave active service, including Wynn, who had initially announced plans to retire contingent on a successor’s confirmation.
In his letter to Biden, Wynn expressed regret for any inconvenience caused by his change of plans. Meanwhile, two other judges, US district judge Max Cogburn and US district judge Algenon Marbley reversed their retirement plans, leading to the filing of judicial misconduct complaints against them by the Article III Project, a group led by Trump ally Mike Davis.
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