Jerry Jackson US Circuit Judge James Wynn has reversed his decision to retire, preventing Donald Trump from filling a crucial judicial seat. Wynn, appointed by Barack Obama to the Fourth US Circuit Court of Appeals in Richmond, Virginia, announced his decision in a letter to President Joe Biden on Friday.
This marks the first time since Trump’s November election victory that a Democrat-appointed appellate judge has revoked plans to step down. Judges who retire or take senior status create openings that allow presidents to shape the judiciary.
Judges Staying on the Bench Draw Criticism
Wynn’s reversal is part of a growing trend of judges reconsidering retirement plans after the election. Two trial court judges have made similar decisions, prompting backlash from conservatives.
Senate Republican leader Mitch McConnell called these reversals “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 wouldn’t secure Senate confirmation.
This came after Senate Democrats and Republicans struck a deal. The agreement allowed votes on about a dozen of Biden’s trial court nominees but paused consideration of four appellate nominees, including Park.
According to Senate Democratic leader Chuck Schumer, none of the four appellate picks had enough votes to be confirmed. This left four vacancies that Trump could have filled, provided the judges followed through with their retirements.
Decision Sparks More Partisan Tensions
By staying on the bench, Wynn has blocked Trump from filling his seat. Earlier this year, Wynn announced plans to take senior status only if a successor was confirmed. In his letter to Biden, Wynn apologized for “any inconvenience” caused by his decision to remain active.
Conservative group Article III Project, led by Trump ally Mike Davis, filed judicial misconduct complaints against the two trial court judges who also revoked retirement plans. Judges Max Cogburn in North Carolina and Algenon Marbley in Ohio have not commented on the complaints.
These moves have intensified partisan battles over the judiciary, with Republicans accusing Democrat-appointed judges of undermining the process. Wynn’s decision ensures his seat remains filled by a Democrat, blocking Trump from shifting the balance of the court. The situation underscores the ongoing political struggle over judicial appointments.