by WorldTribune Staff, December 16, 2024 Real World News
Three liberal federal judges have fired one of the first salvos in the anti-Trump second term resistance by rescinding their decisions to retire in order to block President Donald Trump from choosing their replacements.
Judge James Andrew Wynn of the 4th U.S. Circuit Court of Appeals; U.S. District Judge Max Cogburn in North Carolina; and U.S. District Judge Algenon Marbley in southern Ohio have all revoked their announced moves to senior status, a semi-retirement.
“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 wrote in a letter to Joe Biden on Friday.
Wynn’s move is unprecedented for a sitting appeals court judge, Republicans say.
“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,” said North Carolina Republican Sen. Thom Tillis.
Sen. Mitch McConnell of Kentucky, the current Republican leader in the upper chamber, said earlier this month that a change of mind of the judges would be “especially alarming. I can only assume they will face significant ethics complaints.”
McConnell called on the incoming Department of Justice to demand the three judges recuse themselves from cases where their apparent political bias against Trump would be problematic.
“As I have repeatedly warned the judiciary in other matters, if you play political games, expect political prizes,” McConnell said.
Judge Wynn, 70, was appointed to the 4th Circuit by President Barack Obama and took his seat in 2010.
Judge Marbley, also 70, was appointed by President Bill Clinton and was seated in 1997. Judge Cogburn, 73, another Obama appointee, was seated in 2011.
Writing for The Washington Times, Stephen Dinan noted of the judges: “Their reversals of retirements are the latest in the struggle for supremacy in the federal courts, where many pressing issues are decided. Judge Cogburn struck down North Carolina’s ban on same-sex marriage in 2014 before the Supreme Court invalidated such prohibitions. Judge Wynn has supported transgender students’ bathroom choices and opposed Trump’s travel ban from his first term in office.”
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