On
Friday,
Fourth
Circuit
Judge
James
Wynn
did
an
about
face
on
his
retirement
plans.
He
joins
two
district
court
judges,
Max
Cogburn
and
Algenon
Marbley,
in
declaring
backsies
on
his
plans
after
Donald
Trump
won
the
2024
presidential
election.
The
70-year-old
Wynn,
an
appointee
of
Barack
Obama,
decided
against
senior
status
after
President
Joe
Biden’s
choice
to
replace
him,
North
Carolina
Solicitor
General
Ryan
Park,
was
blocked
by
Republicans.
Both
Republican
senators
from
North
Carolina,
Thom
Tillis
and
Ted
Budd,
opposed
Park’s
elevation
to
the
judiciary.
Tillis,
who
sits
on
the
judiciary
committee,
went
hard
against
the
Park
nomination
as
reported
by
News
&
Observer,
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.
After
that
move,
Tillis
issued
warning
to
the
retiring
judges
“not
to
play
partisan
politics
with
the
presidential
transition
and
a
Senate
deal
and
going
back
on
their
word.”
But
that’s
the
thing
about
lifetime
appointment,
at
the
end
of
the
day,
it’s
really
the
judge’s
—
and
only
the
judge’s
—
call.
When
Wynn
walked
back
his
retirement,
Tillis
freaked
as
you
might
expect.
“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.”
No
matter
the
stern
language
the
senator
uses,
this
is
pretty
much
exactly
the
consequences
of
Tillis’s
own
actions
and
the
only
response
available
for
Wynn.
But
Republicans
don’t
love
it
when
their
plans
to
manipulate
the
composition
of
the
federal
judiciary
don’t
work
out.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email
her
with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter
@Kathryn1 or
Mastodon
@[email protected].