McConnell Critiques Judges’ Retirement Rescission Following Trump’s Re-Election

The Senate Republican Leader Mitch McConnell voiced strong criticism on Monday regarding decisions made by two federal judges to reverse their announced retirements. This decision came shortly after former President Donald Trump secured re-election in November.

Response to Judges’ Decisions

McConnell, who represents Kentucky as the Minority Leader, characterized the actions of these judges as a reflection of “partisan Democrat district judges.” He expressed concern that their plans to “unretire” contradicted the will of the American electorate, who had expressed their desire to shift power away from the Democrats in the latest elections.

In a passionate speech delivered on the Senate floor, McConnell stated, “Looking to history, only two judges have ever unretired after a presidential election: one Democrat in 2004 and one Republican in 2009. But now, in just a matter of weeks, Democrats have already met that all-time record. It’s hard to conclude that this is anything other than open partisanship.”

Details of the Judges’ Actions

On November 17, U.S. District Judge Algenon Marbley of Ohio communicated to President Biden his decision to stay on the bench, citing the absence of a confirmed successor as his reason. Judge Marbley, appointed by President Bill Clinton, stated, “I have therefore decided to remain on active status and carry out the full duties and obligations of the office.”

Similarly, U.S. District Judge Max Cogburn of North Carolina, who was appointed by President Barack Obama, retracted previously announced plans to retire, according to a Reuters report. Both judges had indicated intentions to take senior status prior to the election, which would have allowed them to reduce their caseloads while awaiting the appointment of a successor.

Political Implications and McConnell’s Warning

McConnell argued that the decisions to rescind retirement were indicative of a “political finger on the scale.” He urged the incoming Trump administration to explore all available options to recuse these judges from cases as a precaution.

Furthermore, during his speech, McConnell issued a warning to two circuit court judges who are nearing retirement and currently have vacancies pending before the Senate. He cautioned against the possibility of them also reversing their retirement decisions, labeling it “unprecedented” and fraught with implications for bipartisan norms regarding judicial appointments.

Never before, McConnell noted, has a circuit judge “unretired” after a presidential election. He explained that to establish such a precedent would undermine recent bipartisan agreements reached on judicial nominations, particularly one that would facilitate Trump’s ability to appoint four significant appellate court judges once he assumes office in January.

Bipartisan Agreements and Nomination Process

In the context of judicial nominations, a recent bipartisan agreement was struck, wherein Republicans consented to halt procedural delay tactics to allow Senate Majority Leader Chuck Schumer, a Democrat from New York, to vote on cloture for nine of Biden’s district court judge nominees. In return, Democrats indicated they would withdraw four circuit court nominees who lacked sufficient support to gain confirmation, enabling Trump to fill those vacancies.

However, a Democratic source informed Fox News Digital that while two of the circuit court vacancies were almost certain to be filled, the status of the remaining two judges remained uncertain, and they might opt against taking senior judge status.

Ethical Concerns and Future Implications

McConnell reiterated his stance, warning that any judges who chose to reverse their retirement decisions due to Trump’s victory could face “significant ethics complaints.” He stated, “As I repeatedly warned the judiciary in other matters, if you play political games, expect political prizes.” He concluded his remarks by urging the judges to make the right decision, enjoy their well-deserved retirement, and keep politics confined to the political branches.

Fox News Digital’s Julia Johnson and Kelly Phares contributed to this report.