After NC’s Tillis blocked appellate judge’s replacement, judge cancels retirement
Sen. Thom Tillis warned Fourth Circuit Court of Appeals Judge James Wynn not to revoke his retirement last month after Republican senators struck a deal with Democrats that blocked the nomination of Wynn’s would-be successor.
But Wynn did just that in a letter Tillis released Saturday afternoon between Wynn and President Joe Biden and a handful of other judicial officials.
“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,” the letter states. “I respectfully withdraw my letter to you from January 4, 2024. I apologize for any inconvenience this may have caused.”
Wynn is one of several judges to change their retirement plans ahead of President-elect Donald Trump taking office and being able to choose their replacement. That includes Judge Max Cogburn, a federal judge for the Western District of North Carolina.
Wynn’s name has also been removed from United States Court’s future judicial vacancies list, where he had been listed with a retirement date of “to be determined,” pending the appointment of his replacement.
Biden had chosen, in July, North Carolina Solicitor General Ryan Park to replace Wynn, but faced backlash from Tillis and Sen. Ted Budd, both Republicans from North Carolina.
Tillis, who sits on the Senate Judiciary Committee, warned Democrats he had enough votes to block Park’s nomination from approval in a floor vote. He accused Park of being partisan and said he shouldn’t serve on the bench.
He also accused the White House counsel of being “absolutely incompetent” for the names they put forward for consideration, which included Budd’s campaign opponent, former Superior Court Chief Justice Cheri Beasley, who ran on the Democratic ticket.
Tillis warned the Judiciary Committee in November that if they approved Park’s nomination there “would be consequences” and he would vote to approve any nominee Trump put forward in the future. Democrats approved Park anyway.
But before Park made it to the Senate floor for a vote, Democrats and Republicans struck a late-night deal to throw out four appellate nominations from Biden if Republicans would stop making the process of approving other judicial nominees difficult for Democrats.
At the time, Tillis warned Wynn and other judges who already announced their retirements “not to play partisan politics with the presidential transition and a Senate deal and going back on their word” to retire.
“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,” Tillis said in a news release Saturday. “Judge Wynn clearly takes issue with the fact that Donald Trump was just elected President, and this decision is a slap in the face to the U.S. Senate, which came to a bipartisan agreement to hold off on confirming his replacement until the next Congress is sworn-in in January. “
Tillis called on the Judiciary Committee to hold a hearing on Wynn’s decision and said he deserves an ethics complaint and “recusal demands” from the next Department of Justice.
Park withdrew his name from consideration as a nominee on Thursday.
