A U.S. appeals court judge has taken the unusual step of reversing a judge’s decision to retire and stripping Donald Trump of his ability to fill a judicial vacancy.
U.S. Circuit Judge James Wynn, an appointee of President Barack Obama to the U.S. Court of Appeals for the 4th Circuit based in Richmond, Virginia, announced his decision in a letter to Joe Biden on Friday.
It is the first time since Trump won the Nov. 5 presidential election that he has reversed plans for Democratic-appointed appellate judges to serve as senior judges, allowing the president to fill vacancies in a type of semi-retirement of judges. I can do that.
Two trial court judges have also engaged in similar behavior, drawing criticism from conservatives including Senate Republican leader Mitch McConnell, who was outraged by the “unprecedented” spate of judges not resigning after the election. complaints are occurring.
Republican Sen. Thom Tillis, who has been fighting to prevent Senate confirmation of Biden’s nomination to fill Wynn’s seat, said Wynn is “trying to turn the Judicial Retirement System into a partisan game. He said on Program X that he had engaged in “a blatant attempt.”
Wynn sent the letter a day after Biden’s potential successor, North Carolina Attorney General Ryan Park, formally withdrew from consideration after his path to Senate confirmation disappeared.
After the election, Senate Democrats and Republicans struck a deal that would not move forward with votes on four appellate court nominees, including Park, but instead pave the way for Biden to vote on about a dozen remaining trial court nominees. did.
A spokesman for Democratic Senate Majority Leader Chuck Schumer said all four lacked enough votes for confirmation.
This leaves four seats without confirmed candidates, which Trump may seek to fill after he takes office on January 20. But the two vacancies were conditional on two Democratic-appointed judges implementing plans to retire from active duty.
Those judges include Mr. Wynn, 70, who announced plans to step into the senior position in January, subject to a confirmed successor. On Friday, he told Biden he had changed his mind.
“We apologize for any inconvenience caused,” Wynn wrote.
Late Friday, the Article III Project, a group run by President Trump ally Mike Davis, filed charges of judicial misconduct against two trial court judges who also canceled their retirement plans after the election. announced.
These judges are U.S. District Judge Max Cogburn of North Carolina and U.S. District Judge Algernon Marbury of Ohio. Neither person responded to requests for comment.
