For the third time since Donald Trump’s election victory last month, a federal judge has rescinded plans to retire, effectively denying Trump the chance to appoint a younger, more ideologically conservative judge.
On Friday, U.S. Appeals Court Judge James Wynn of the Fourth Circuit informed President Biden that he would remain on the bench, reversing his January decision to retire.
Why It Matters
These moves reflect a broader trend among Democratic-appointed judges to hold their seats, aiming to avoid replacement by Trump’s picks. Trump previously appointed 234 federal judges in his first term, reshaping the judiciary with predominantly white, male, conservative jurists. Senate Republicans are eager to continue this trend during Trump’s second term.
Judge Wynn joins two other Democratic-appointed judges—Max Cogburn of North Carolina and Algenon Marbley of Ohio—in withdrawing retirement plans since Trump’s election.
What Happened?
- Wynn’s Reversal: Wynn, 70, had planned to retire pending Senate confirmation of his successor, Ryan Park, nominated by Biden. However, Park’s confirmation stalled after a deal between Senate Majority Leader Chuck Schumer and Republicans.
- Park’s Withdrawal: Following the deal, Park withdrew his nomination, prompting Wynn to cancel his retirement the next day.
- Democratic Strategy: Wynn and others appear to be betting on a Democratic president in 2028 to ensure their replacements align with their judicial philosophy.
Republican Reaction
- Senator Thom Tillis (R-N.C.) called Wynn’s decision “brazenly partisan” and demanded Senate hearings and ethics investigations.
- Mitch McConnell criticized the judges for “open partisanship,” referencing the rarity of judges reversing retirements after presidential elections.
Democratic Context
Criticism from Senate Republicans overlooks their own history of partisanship in judicial appointments:
- In 2016, McConnell blocked Obama’s Supreme Court nominee, Merrick Garland, arguing the vacancy should be filled after the election.
- In 2020, McConnell pushed through the confirmation of Amy Coney Barrett just days before the presidential election.
What’s Next?
The judiciary is set to remain a battleground:
- Ethics Challenges: Republicans may pursue ethics complaints or legislative action to address judicial retirement reversals.
- Future Nominations: Judges canceling retirements complicates Trump’s ability to reshape the judiciary in his second term, delaying potential vacancies until at least 2028.
Key Takeaway
The judicial nomination process has become increasingly politicized. Wynn’s decision highlights the high stakes of federal judicial appointments and reflects a broader Democratic strategy to counter Trump’s long-term influence on the courts.
