A third federal judge has decided to cancel his retirement plans, preventing President-elect Trump from appointing a successor. Judge James Wynn, who was appointed by former President Obama, announced on Friday that he would continue serving on the 4th U.S. Circuit Court of Appeals instead of stepping down.
In a letter to President Biden, Wynn explained that after careful consideration, he had chosen to remain in active service. He also apologized for any inconvenience his decision might cause.
As a result, Wynn’s name has been removed from the list of upcoming judicial vacancies compiled by the Administrative Office of the U.S. Courts. Wynn’s office did not respond to requests for comment.
Wynn’s change of plans followed the withdrawal of North Carolina Solicitor General Ryan Park, who had been nominated by Biden to take Wynn’s seat. Park’s nomination had faced delays in the Senate due to an agreement that allowed Biden’s district court nominees to be confirmed without Republican obstruction, according to Reuters.
Republican Senator Thom Tillis, who represents North Carolina, criticized Wynn’s decision, calling it “brazenly partisan.” He suggested that Wynn’s move was motivated by dissatisfaction with Trump’s election. Tillis also accused the judge of acting like a politician rather than a neutral judge.
“His decision is an insult to the U.S. Senate, which had agreed to hold off on confirming a replacement until the next Congress begins in January,” Tillis wrote on social media.
Tillis called for the Senate Judiciary Committee to investigate Wynn’s actions and said ethics complaints and recusal requests were likely to follow. Senate Minority Leader Mitch McConnell also expressed concern, saying that Wynn’s decision would likely lead to “significant ethics complaints.”
Wynn is the third federal judge to cancel retirement plans after the 2020 election. U.S. District Judge Max Cogburn in North Carolina and U.S. District Judge Algenon Marbley in Ohio have also decided to stay in their positions. Marbley’s office declined to comment on his decision.
