The Senate GOP leader on Monday rejected two federal judges’ decisions to reverse their announced retirements after Republican former President Trump won re-election in November.
Minority Leader Mitch McConnell, R-Ky., criticized the pair of “partisan Democratic district judges” after they announced plans to “retire” after “the American people voted to fire the Democrats last month.”
“If we look at history, only two justices have ever retired after a presidential election. One Democrat in 2004 and one Republican in 2009. But now, in just a few weeks, Democrats have already reached that record. It is difficult to conclude that this is anything other than overt partisanship,” McConnell said in a Senate speech.
In mid-November, US District Judge Algenon Marbley of Ohio informed President Biden of his intention to remain on the bench after Biden failed to nominate a replacement for him.
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Senate Minority Leader Mitch McConnell, R-Ky., answers a question from a reporter during a news conference following the Senate’s weekly Republican policy luncheon at the U.S. Capitol on November 19, 2024 in Washington, D.C. (Andrew Harnik/Getty Images)
Marbley, who was appointed by President Clintonsaid that because no successor had been confirmed, “I have therefore decided to maintain active status and discharge the full duties and obligations of the office.”
Meanwhile, U.S. District Judge Max Cogburn of North Carolina, who was appointed by President Obama, has also withdrawn his plans to retire, Reuters reported.
Both Marbley and Cogburn had announced plans to assume senior status before the election, which would have allowed them to take on a lower caseload until the president named a successor.
McConnell said their decisions to withdraw their retirements after Trump won indicate “a political finger on the scale.” He urged the new Trump administration to “explore all available recusal options with these judges.”
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U.S. District Judge Algenon L. Marbley, the first black chief district judge in the history of the Southern District of Ohio. (Courtney Hergesheimer/Columbus Dispatch/USA TODAY NETWORK)
He also warned two sitting court judges, who have announced their retirement and currently have vacancies in the Senate, against making similar decisions to “retire.”
“Never before has a circuit judge retired after a presidential election. It’s literally unprecedented. And setting such a precedent would violate a rare bipartisan compromise on how these vacancies should be addressed,” McConnell said.
He was referring to a bipartisan agreement on judicial appointments last month that secured Trump’s ability to appoint four crucial appeals court judges after he took office in January.
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Democratic Majority Leader Chuck Schumer, D-N.Y., struck a deal with McConnell to confirm several of Biden’s judicial nominees, leaving four court vacancies for Trump to fill next year. (AP/Getty)
Republicans agreed to halt procedural delay tactics and allow Senate Majority Leader Chuck Schumer, D-N.Y., to vote on nine of Biden’s district judges before Thanksgiving and to confirm them when they are confirmed after the return holiday. In return, Democrats would withdraw four court nominees who lack the votes to be confirmed, allowing Trump to fill those vacancies next year.
However, a well-known Democratic source told Fox News Digital that only two of the court vacancies are certain, and that the other two could ultimately decide not to take senior judge status.
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McConnell threatened that “significant ethics complaints” would quickly follow if a retiring judge reversed his decision to take senior status because Trump had won.
“As I have repeatedly warned the judiciary in other cases, if you play political games, expect political prizes. So let’s hope these judges do the right thing and enjoy their well-deserved retirement and leave politics to the political branches.”
Fox News Digital’s Julia Johnson and Kelly Phares contributed to this report.
