A federal judge in North Carolina, appointed by former President Barack Obama, has decided not to step down as planned, becoming the third Democratic appointee—and the second one named by Obama—to change their retirement plans before President-elect Donald Trump could replace them.
Judge James Wynn Jr., who serves on the Fourth Circuit Court of Appeals, had initially planned to take “senior status,” a type of semi-retirement for federal judges. But in a surprising turn, Wynn sent a letter to President Joe Biden, saying he had changed his mind. The letter, shared publicly on Saturday by Republican Senator Thom Tillis from North Carolina, announced Wynn’s decision to stay on the bench.
“I’ve thought about it carefully, and I’ve decided to continue in my role as an active judge,” Wynn wrote. “I apologize for any confusion my earlier decision may have caused.”
This decision comes after Biden’s pick to replace Wynn, North Carolina Solicitor General Ryan Park, withdrew his nomination. Park’s withdrawal followed reports that he lacked enough support in the Senate to be confirmed.
Senator Tillis wasn’t happy. He had warned Wynn and other judges for months not to backtrack on their retirement plans, accusing them of playing political games. After Wynn’s announcement, Tillis called the decision “a slap in the face to the U.S. Senate.” He criticized Wynn for, in his words, turning the judicial retirement process into a political tool.
Here’s the backstory: Earlier this year, President Biden nominated Ryan Park to fill Wynn’s seat after the judge initially announced his retirement. But Tillis, along with other Republicans, made it clear they would block Park’s confirmation. Park ultimately stepped aside after it became clear he wouldn’t get enough votes.
Tensions between Democrats and Republicans over judicial appointments have been high, and this situation only added fuel to the fire. To smooth things over, the two sides struck a deal to speed up the approval process for Biden’s other judicial picks. As part of this compromise, Park’s nomination was shelved, leaving Wynn to make his dramatic decision to stay.
Tillis didn’t hold back in his reaction. He claimed Wynn’s move was driven by partisanship, suggesting the judge was unhappy that Donald Trump was elected president. “Judge Wynn’s decision is unprecedented,” Tillis said in a statement. “This is a blatant attempt to influence the judiciary in a partisan way.”
Wynn, who was appointed by Obama in 2009 and confirmed by the Senate in 2010, is a seasoned judge. Before serving on the Fourth Circuit, he worked as a judge on the North Carolina Court of Appeals and briefly as a justice on the Supreme Court of North Carolina. Earlier this year, Wynn even hosted a retirement party, further fueling surprise over his sudden change of heart.
Tillis has called for the Senate Judiciary Committee to look into Wynn’s decision, calling it an abuse of the retirement system. He also warned that ethics complaints and recusal requests may be headed Wynn’s way from the Department of Justice.
Interestingly, Wynn isn’t the only judge from North Carolina to reconsider retirement. U.S. District Judge Max Cogburn Jr., another Obama appointee, recently reversed his decision to retire. Likewise, U.S. District Judge Algenon Marbley, a Clinton-era appointee from Ohio, also decided to stay on after initially planning to step down.
These shifts have left President Biden in a tricky position. Judges who unretire make it harder for him to appoint replacements, especially in states like North Carolina and Ohio, where Republican senators hold significant sway. Under the Senate’s “blue slip” rule, home-state senators have the power to block judicial nominations. In North Carolina, Biden would have faced resistance from Senators Thom Tillis and Ted Budd. In Ohio, it would have been Republican Vice President-elect J.D. Vance and Democratic Senator Sherrod Brown.
For now, Judge Wynn remains on the bench, leaving many to wonder how this unexpected twist will affect the already contentious battle over federal court appointments.
