US Circuit Judge James Wynn has reversed his decision to retire, preventing Donald Trump from filling a critical judicial seat. Wynn, an Obama appointee to the Fourth US Circuit Court of Appeals in Richmond, Virginia, informed President Joe Biden of his decision in a letter on Friday.
This marks the first time since Trump’s November election victory that a Democrat-appointed appellate judge has rescinded plans to step down. Judicial retirements typically create openings for new appointments, allowing presidents to shape the courts.
Growing Backlash Over Judges Changing Retirement Plans
Wynn is not alone in his decision. Two trial court judges also reversed their retirement plans after the election, sparking outrage among conservatives.
Senate Republican leader Mitch McConnell criticized the trend as “unprecedented.” Republican Senator Thom Tillis accused Wynn of turning the judicial retirement process into a “partisan game.”
Tillis had actively opposed Biden’s nominee to replace Wynn, North Carolina Solicitor General Ryan Park. On Thursday, Park withdrew his nomination after it became clear he would not secure enough Senate votes for confirmation.
This development followed a deal between Senate Democrats and Republicans, which allowed about a dozen of Biden’s trial court nominees to advance. However, it blocked four appellate court nominees, including Park, due to insufficient support.
Political Fallout From Judges Staying Active
Without confirmed replacements, Trump had a chance to fill four appellate court seats once in office. However, two of those vacancies required Democrat-appointed judges, including Wynn, to step down.
Wynn initially announced in January that he would take senior status—semi-retirement—contingent on the confirmation of a successor. On Friday, he officially reversed course, apologizing to Biden for “any inconvenience” caused by his decision to remain active.
Meanwhile, the conservative group Article III Project, led by Trump ally Mike Davis, filed judicial misconduct complaints against the two trial court judges who also reversed their retirement decisions. Judges Max Cogburn in North Carolina and Algenon Marbley in Ohio have yet to respond to the allegations.
Wynn’s rare reversal ensures that his seat will remain occupied by a Democrat-appointed judge, blocking Trump from reshaping the court’s ideological balance. These decisions have escalated partisan tensions over judicial appointments, underscoring the high stakes involved in controlling the federal judiciary.
