U.S. appeals court judge James Wynn, who was appointed by President Obama, has decided not to retire after all. This makes him the third judge to cancel retirement plans since Donald Trump won the presidential election. His decision means Trump won’t get to fill Wynn’s seat with a younger, more conservative judge.
Judge Wynn, 70, had told the White House in January that he planned to retire after his replacement was confirmed. President Biden had nominated Ryan Park, the solicitor general of North Carolina, to take Wynn’s place.
However, the Senate never held a final vote on Park’s nomination after Democrats and Republicans struck a deal to focus on other judicial confirmations instead. Park withdrew his nomination, and shortly after, Wynn announced he would stay on the bench.
Wynn wrote a letter to President Biden, saying, “After careful consideration, I’ve decided to continue my service as a judge.” This decision follows similar moves by two other Democratic-appointed judges: North Carolina District Judge Max Cogburn, 73, and Ohio District Judge Algenon Marbley, 70.
The pattern suggests these judges are staying in their roles to avoid having Trump replace them with conservative judges. Trump appointed 234 lifetime federal judges during his first term, reshaping the judiciary with a focus on conservative appeals court judges. Senate Republicans, led by Mitch McConnell, had aggressively pushed through Trump’s picks.
Republicans are now eager to confirm more judges under Trump’s leadership. Some are upset about the judges changing their minds. Senator Thom Tillis criticized Wynn’s decision, calling it “partisan” and suggesting it undermines the judicial retirement system.
By staying on the bench, these judges are reducing the number of vacancies Trump can fill when he takes office in January. Senate Republicans have accused Democrats of playing politics, but critics argue Republicans did the same when they blocked President Obama’s Supreme Court nominee in 2016 and rushed to confirm Justice Amy Coney Barrett under Trump.
As of now, President Biden has confirmed 233 lifetime federal judges and is expected to confirm more before his term ends. Democrats aim to surpass Trump’s record of 234 confirmed judges during his first term.
