U.S. Circuit Judge James Wynn has reversed his retirement plan from active service, allowing President-elect Donald Trump to fill a judicial vacancy. Wynn, an appointee of Democratic former President Barack Obama, announced his decision in a letter to President Joe Biden. This marks the first time since Trump’s election that a Democratic-appointed appellate judge has rescinded plans to take senior status, a form of semi-retirement for judges that creates vacancies presidents can fill.
Two trial court judges had similarly done so, prompting complaints from conservatives. Republican Senator Thom Tillis accused Wynn of turning the judicial retirement system into a partisan game. The Article III Project, run by Trump ally Mike Davis, has filed judicial misconduct complaints against the two trial court judges who rescinded retirement plans post-election.