Senate GOP leader Mitch McConnell criticized two federal judges for reversing their announced retirements after the American people voted to fire Democrats in the last election. McConnell accused the judges of engaging in open partisanship, as it is rare for judges to unretire after a presidential election. U.S. District Judge Algenon Marbley of Ohio and U.S. District Judge Max Cogburn of North Carolina both decided to rescind their retirements after Trump won, leading McConnell to warn other retiring judges against making similar decisions.
Marbley informed President Biden of his intention to stay on the bench due to the lack of a confirmed replacement. Cogburn, on the other hand, withdrew his plans to retire after originally announcing his retirement before the election. Both judges had initially planned to take senior status, allowing them to have reduced caseloads until a successor was appointed. McConnell urged the incoming Trump administration to explore recusal options with these judges, as their decisions to unretire were seen as politically motivated.
McConnell pointed out that it is unprecedented for a circuit judge to unretire after a presidential election and warned two sitting circuit court judges against making similar decisions. He referred to a bipartisan agreement on judicial nominations that secured Trump’s ability to appoint appellate court judges after taking office in January. Republicans agreed to permit Senate Majority Leader Chuck Schumer to vote on Biden’s district court judges in exchange for the Democrats pulling four circuit court nominees lacking votes for confirmation.
Despite the agreement, a Democratic source indicated that only two of the circuit court vacancies are guaranteed to be filled, as the other two judges may ultimately decide against taking senior judge status. McConnell threatened that significant ethics complaints would follow swiftly if any retiring judge reversed their decision to take senior status due to Trump winning the election. He emphasized that judges should enjoy their retirement and leave politics to the political branches, warning of consequences for playing political games within the judiciary.
Overall, McConnell’s remarks highlighted the contentious issue of federal judges reversing their retirements after political changes, particularly after a presidential election. The concerns raised by McConnell underscore the potential ramifications of judges engaging in perceived partisan actions and the impact it can have on the judiciary. The push for judges to remain impartial and avoid political influences is a key factor in maintaining the integrity of the judicial system.
