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Stephen Dinan


NextImg:Appeals court judge rescinds retirement after Trump’s election victory

A federal appeals court judge has rescinded his decision to retire, becoming the third judge to decide not to give President-elect Donald Trump a chance to fill his seat.

Judge James Andrew Wynn, who sits on the 4th U.S. Circuit Court of Appeals, announced his decision in a letter Friday to President Biden. Two district judges had previously revoked their retirements but Republicans said Judge Wynn is the first appeals court judge in history to rescind a retirement because of partisan political calculations.

He had notified Mr. Biden in January that he would take what’s known as “senior” status, a sort of retirement that would let him still hear some cases but would allow a president to pick a replacement. He was awaiting confirmation of Mr. Biden’s pick to finalize his move.



But after the Senate made clear it won’t be confirming any Biden pick, Judge Wynn revoked his decision, effectively blocking Mr. Trump from naming a replacement.

“I write to advise that, after careful consideration, I have decided to continue in regular active service as a United States circuit judge for the Fourth Circuit,” he wrote.

Judge Wynn’s decision drew condemnation from Republicans who called it a grim moment for the judiciary.

“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,” said Sen. Thom Tillis, North Carolina Republican.

Sen. Mitch McConnell, the top Republican in the chamber, had warned Judge Wynn earlier this month that if he revoked his retirement he could face ethics complaints. Mr. McConnell has also encouraged the Trump administration to demand recusals of Judge Wynn and the two district judges who rescinded their retirements, saying they are proven to be tainted.

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“It’s hard to conclude that this is anything other than open partisanship,” Mr. McConnell said at the time. “They rolled the dice that a Democrat could replace them and now that he won’t, they’re changing their plans to keep a Republican from doing it.”

The two other judges are U.S. District Judge Max Cogburn in North Carolina and U.S. District Judge Algenon Marbley, who sits in southern Ohio.

On Friday the Article II Project, a conservative group, filed formal complaints against both judges.

• Stephen Dinan can be reached at sdinan@washingtontimes.com.