A federal appeals court judge, James Wynn, appointed by President Barack Obama, has decided to withdraw his intention to retire, impacting President-elect Donald Trump's ability to nominate a replacement. This move has caused frustration among Senate Republicans, particularly North Carolina Sen. Thom Tillis.
Wynn's reversal marks the third federal judge appointed by Democratic presidents who have chosen to remain in active service following Trump's reelection. Earlier this year, Wynn had announced his retirement plans, prompting President Joe Biden to nominate Ryan Park as his replacement. However, Park's nomination faced opposition from Republicans, leading to a stalemate.
Senator Tillis expressed disappointment over Wynn's decision, labeling it as a 'slap in the face' and accusing the judge of partisanship. He hinted at potential ethics complaints and recusal requests if Wynn were to handle cases involving the incoming Trump administration.
The 4th Circuit, where Wynn serves, currently has a majority of Democratic appointees among its active judges. The court covers states including North Carolina, South Carolina, Virginia, West Virginia, and Maryland, making it a significant battleground for judicial confirmations.
Under the Trump administration, Republicans eliminated the 'blue slip' rule for circuit nominees, which required home state senator approval. This change has led to contentious confirmation battles in the past, including Wynn's prolonged confirmation process due to opposition from a Republican senator.
Senate Minority Leader Mitch McConnell also warned another judge, Jane Branstetter Stranch, against reversing retirement plans. Stranch, like Wynn, could face pressure to step down after Biden named her replacement.
As of now, Stranch remains on the list of future vacancies, indicating a potential continuation of the judicial saga surrounding retirements and nominations in the federal appeals courts.
