The recent decision by Judge James Wynn to continue his active service on the bench has blocked President-elect Trump from appointing his successor. Wynn, an appointee of former President Obama to the 4th U.S. Circuit Court of Appeals, informed President Biden of his choice in a letter sent on Friday.
He stated, “I write to advise that, after careful consideration, I have decided to continue in regular active service as a United States Circuit Judge for the Fourth Circuit,” while apologizing for any “inconvenience” caused by his decision.
Wynn’s move sparks backlash from Republican senators
Wynn’s name has been removed from a list of upcoming judicial vacancies prepared by the Administrative Office of the U.S. Courts. The Hill has requested additional comments from Wynn’s chambers.
This announcement follows the withdrawal of North Carolina Solicitor General Ryan Park, who was nominated to replace Wynn. Park’s withdrawal occurred after he was denied floor votes due to a Senate agreement aimed at allowing Biden’s remaining district court nominees to advance without obstruction from Republicans, as reported by Reuters.
Senator Thom Tillis (R-N.C.) condemned Wynn’s decision as “brazenly partisan,” claiming that the long-serving judge reflects a troubling trend of judges behaving more like politicians.
“Judge Wynn clearly takes issue with the fact that @realDonaldTrump was just elected President, and this decision is a slap in the face to the U.S. Senate, which came to a bipartisan agreement to hold off on confirming his replacement until the next Congress is sworn in in January,” Tillis commented on the social platform X.
The senator suggested that the Senate Judiciary Committee should investigate Wynn’s conduct and expressed that ethics complaints and recusal demands would be appropriate. Senate Republican leader Mitch McConnell (R-Ky.) similarly indicated that Wynn would soon face “serious ethics complaints” and “serial recusal demands.”
“He’s earned it,” McConnell stated.
In a related development, U.S. District Judge Max Cogburn in North Carolina and U.S. District Judge Algenon Marbley in Ohio have also rescinded their plans for retirement following the presidential election. Marbley’s chambers declined to provide comments, while The Hill has reached out to Cogburn’s chambers for a response.
