A US appeals court judge has taken the rare step of revoking his decision to retire from active service on the bench, depriving Donald Trump of the ability to fill a judicial vacancy.
US circuit judge James Wynn, an appointee of Barack Obama on the fourth US circuit court of appeals based in Richmond, Virginia, disclosed his decision in a letter to Joe Biden on Friday.
It marked the first time since Trump won the 5 November presidential election that a Democrat-appointed appellate judge has rescinded plans to take senior status, a form of semi-retirement for judges that creates vacancies presidents can fill.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 have similarly done so, prompting complaints by conservatives including Mitch McConnell, the Senate Republican leader, who railed about an “unprecedented” spate of judges un-retiring post-election.
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