Several judges decided against retiring after the election of Donald Trump, leaving Republican senators fuming.
Judge James Wynn of the 4th Circuit of Appeals joined two district court judges in North Carolina, Algenon Marbley and Max Cogburn, to rescind their retirements after the election. All three were appointed by Democrat presidents.
Sen. Thom Thillis, R-N.C., whose state is part of the 4th Circuit, blasted Wynn in a statement.
"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," Thillis said. "The Senate Judiciary Committee should hold a hearing on his blatant attempt to turn the judicial retirement system into a partisan game, and he deserves the ethics complaints and recusal demands from the Department of Justice heading his way."
Senate Minority Leader Mitch McConnell, R-Ky., said judges who withdraw their retirements should recuse themselves from matters coming before them.
"It's hard to conclude this is anything other than open partisanship," McConnell said in remarks on the Senate floor.
Wynn's move came after Senate Majority Leader Chuck Schumer, D-N.Y., made a deal with Republicans to give Trump four circuit court nominations in exchange for quicker consideration of a dozen district circuit court vacancies, Politico reported. Wynn's vacancy was one of the four that would be filled.
Wynn is not the first judge to reconsider his retirement. Kentucky Judge Karen Caldwell, a George W. Bush appointee, was set to retire in 2022 as long as President Joe Biden appointed a conservative replacement, Politico reported. But a deal between Biden and McConnell fell through and Caldwell rescinded her retirement, Politico said.
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