An appeals court judge is revoking his decision to retire from the bench after Donald Trump won the November presidential election.
U.S. Circuit Judge James Wynn, 70, a President Barack Obama appointee had initially announced plans to take senior status in January contingent on a successor being confirmed, according to Reuters.
On Friday, Wynn sent a letter to President Joe Biden notifying him that he changed his mind.
“I write to advise that, after careful consideration, I have decided to continue in active regular service,” Wynn told Biden. “As a result of that decision, I respectfully withdraw my letter to you of January 5, 2024. I apologize for any inconvenience I may have caused.”
Wynn’s letter was sent one day after Biden’s nominee to replace him, North Carolina Solicitor General Ryan Park, withdrew because he lacked the votes to get confirmed by the Senate.
Sen. Thom Tillis (R-N.C.), criticized Wynn’s move in a statement calling it “a slap in the face to the U.S. Senate”
“Judge Wynn’s brazenly partisan decision to rescind his retirement is an unprecedented move that demonstrates some judges are nothing more than politicians in robes,” he added. “Judge Wynn clearly takes issue with the fact that Donald Trump was just elected President.”
Wynn’s decision deprives Trump of the ability to fill a judicial vacancy.
Wynn joins two trial court judges who earlier this month rescinded their resignation from the bench following the November election.
Senate Minority Leader Mitch McConnell (R-Ky) criticized the judges’ decision at the time saying their “partisan behavior undermines the integrity of the judiciary.”
But McConnell was hit with a brutal reminder from Senate Judiciary Committee chair Dick Durbin (D-Ill.) who reminded him that there have been breaks from precedent in the past on judicial nominees including when McConnell refused to grant a confirmation hearing to President Barack Obama Supreme Court nominee, Merrick Garland, in 2016.
