In a contentious turn of events, U.S. Senator Thom Tillis (R-NC) has publicly condemned Fourth Circuit Court of Appeals Judge James Wynn for revoking his previously announced retirement. This move follows a months-long standoff between Senate Republicans and Democrats over judicial nominations, culminating in a deal that left Wynn’s successor in limbo.
Judge Wynn, appointed to the Fourth Circuit by President Barack Obama in 2010, had initially indicated his intent to retire, allowing the Biden administration to nominate North Carolina Solicitor General Ryan Park as his replacement. However, in a letter released by Senator Tillis on Saturday, Wynn informed President Biden and other judicial officials of his decision to remain active on the bench.
Wynn’s Statement
“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,” Wynn stated. “I respectfully withdraw my letter to you from January 4, 2024. I apologize for any inconvenience this may have caused.”
This decision removes Wynn’s name from the U.S. Courts’ judicial vacancies list and halts the nomination of Ryan Park, whose confirmation had already faced staunch Republican opposition.
Tillis Reacts
Tillis, a member of the Senate Judiciary Committee, described Wynn’s reversal as “brazenly partisan,” asserting that it undermines trust in 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,” Tillis said in a press release. He further accused Wynn of attempting to obstruct President-elect Donald Trump’s ability to appoint his successor, calling the decision a “slap in the face to the U.S. Senate.”
Tillis also renewed his criticism of the Biden administration’s handling of judicial nominations, accusing the White House counsel of incompetence. He specifically targeted Ryan Park, calling him partisan and unfit for the bench, and criticized the inclusion of other candidates such as former North Carolina Supreme Court Chief Justice Cheri Beasley, who previously ran for U.S. Senate as a Democrat.
A Heated Nomination Process
Park’s nomination had cleared the Senate Judiciary Committee despite Tillis’s warnings, but his path to confirmation was obstructed by a late-night bipartisan agreement. Under the deal, four of President Biden’s appellate court nominees, including Park, were withdrawn in exchange for Republican cooperation on other judicial confirmations.
Before this agreement, Tillis had cautioned Wynn and other retiring judges not to “play partisan politics” by rescinding their retirements in response to the presidential transition and the Senate’s political maneuvering.
Fallout
Park withdrew his name from consideration on Thursday, leaving the Biden administration without a clear path forward to fill the Fourth Circuit vacancy. Tillis has called for a Senate Judiciary Committee hearing on Wynn’s decision, suggesting that an ethics complaint and recusal demands from the incoming Department of Justice may be warranted.
As the political wrangling over judicial nominations intensifies, Wynn’s decision underscores the high stakes of federal court appointments and the increasing polarization surrounding the judiciary.
The Bull City Citizen will continue to follow developments in this story as they unfold. Stay tuned for more coverage of the people and politics shaping our state and nation.
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