Judge James Wynn Jr. of the Fourth Circuit Court of Appeals has rescinded his plans to retire from the bench, denying President-elect Donald Trump the opportunity to appoint his successor. Judge Wynn, appointed by President Barack Obama in 2010, had previously announced his intention to transition to senior status, a form of semi-retirement, from his position in Raleigh, North Carolina. But on December 13, 2024, Judge Wynn disclosed his decision in a letter to President Joe Biden. This decision has significant political implications, particularly in the context of the recent presidential election and the ongoing battle for control of the federal judiciary.
Judge Wynn’s decision came a day after President Biden’s intended successor, North Carolina Solicitor General Ryan Park, withdrew his nomination. Park withdrew his nomination as part of an agreement between Senate Democrats and Republicans. In exchange for dropping four nominations, Park along with three other circuit court nominees, Republicans agreed to allow votes on a larger number of President Biden’s district court nominees. The deal was made to expedite the confirmation process for district court judges, as Senate Republicans had been using procedural tactics to slow down the confirmation process before the end of President Biden’s term.
Judge Wynn is now the third judge to rescind their retirement plans since Trump’s Nov. 5 election win. Trial Judges Max Cogburn of the Western District of North Carolina and Algenon Marbley of the Southern District of Ohio had previously announced plans to step back from active status upon confirmation of a successor.
Judge Wynn’s reversal has intensified partisan tensions, with critics arguing that such decisions undermine the impartiality of the judiciary, while supporters view it as a legitimate response to protect the court’s ideological balance. Senator Thom Tillis of North Carolina and Senate Minority Leader Mitch McConnell have suggested that Judge Wynn may face ethics complaints and recusal requests in cases involving the incoming Trump administration.
Judge Wynn’s decision, along with similar actions by other judges, exemplifies the increasingly politicized nature of judicial appointments in the United States. Their actions may set a precedent for how judges approach retirement in a politically charged environment and may influence future judicial appointment strategies for both parties.