A U.S. Circuit Judge appointed by former President Barack Obama has decided to postpone retirement, thus preventing President-elect Donald Trump from filling his seat.
In a rarely seen move, U.S. Circuit Judge James Wynn has rescinded his decision to take senior status, a pre-cursor to retirement that allows the president to fill an upcoming judiciary vacancy. Wynn, appointed by former Obama to the Fourth Circuit Court of Appeals, made the surprise announcement in a letter to President Joe Biden on Friday, apologizing for any inconvenience caused by his change of plans.
Wynn had initially announced his intention to take senior status in January, contingent upon the confirmation of a successor, The Guardian reported. However, Biden's nominee for the seat, North Carolina Solicitor General Ryan Park, withdrew from consideration this week after Senate Republicans blocked his path to confirmation.
Wynn is not the first judge to make such a decision since Trump's electoral victory. Two trial court judges—Max Cogburn in North Carolina and Algenon Marbley in Ohio—have made similar reversals, prompting criticism from conservatives.
Senate minority Leader Mitch McConnell (R-KY) called the trend of un-retiring judges "unprecedented," while Senator Thom Tillis (R-NC) accused Wynn of "turning the judicial retirement system into a partisan game."
This development follows a post-election Senate agreement that confirmed several of Biden's trial court nominees while shelving votes on four appellate nominees, including Park. With Wynn's reversal, Trump is now unable to fill what would have been a vacancy on the influential Fourth Circuit.
The Article III Project, a conservative group, announced it had filed misconduct complaints against the trial court judges who also reversed retirement plans. Neither judge has commented on the allegations.
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