Senate Republican leaders on Monday denounced the decision of two federal judges to rescind their announced resignations after former Republican President Donald Trump was re-elected in November.
Minority Leader Mitch McConnell (R-Ky.) said two “partisan Democratic district judges” were “retiring” after “the American people voted last month to remove a Democrat from office.” He criticized the government for announcing a plan not to do so.
“If you look at history, there have only been two judges who did not retire after a presidential election: one Democrat in 2004 and one Republican in 2009. But now, just a few weeks later, “Democrats are already at an all-time high. It's hard to conclude that this is anything but overt partisanship,” McConnell said in remarks on the Senate floor.
In mid-November, U.S. District Judge Algernon Mabry of Ohio notified President Biden of his intention to remain on the bench after Biden was unable to name a replacement.
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Senate Minority Leader Mitch McConnell (R-Ky.) answers questions from reporters during a press conference following the weekly Senate Republican Policy Luncheon on November 19, 2024 at the U.S. Capitol in Washington, DC. (Andrew Harnik/Getty Images)
Mr. Mabry, who was appointed by President Clinton, said in a statement that since a successor has not been named, “therefore, I have decided to remain in active duty and carry out all of my duties and responsibilities.”
Meanwhile, Reuters reported that North Carolina U.S. District Judge Max Cogburn, who was appointed by President Obama, also withdrew his retirement plans.
Mr. Mabry and Mr. Cogburn had announced plans to move into senior positions before the election, which would have reduced the number of cases the president had to deal with before appointing their replacements.
McConnell said their decision to cancel his retirement after Trump's victory showed a “political judgment call.” He called on the incoming Trump administration to “consider all possible dismissal options with these judges.”
Ohio federal judge rescinds retirement after Trump's victory, Biden undecided on successor
U.S. District Judge Algernon L. Marbury, 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 circuit court judges who have announced their retirements and whose vacancies are currently pending in the Senate from making similar “de-retirement” decisions.
“There has never been a precedent for a circuit judge not retiring after a presidential election. It's literally unprecedented. And setting this precedent is a rare bipartisan compromise on how to dispose of vacancies. It will be difficult to face this,” he said.
He was referring to last month's bipartisan agreement on judicial nominations that will ensure Trump's ability to appoint four key appellate court judges after he takes office in January.
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Democratic Majority Leader Chuck Schumer (D.Y.) has agreed with McConnell to approve several of Biden's judicial nominees, leaving four circuit court vacancies to be filled by Trump next year. left behind. (AP/Getty)
Republicans abandoned tactics to delay the process, with Senate Majority Leader Chuck Schumer of New York voting to shut down Biden's nine district court judgeships before Thanksgiving and when they returned after the holidays. Agreed to allow approval vote. Instead, Democrats will withdraw four circuit court nominees who lack the votes to win confirmation, allowing President Trump to fill the vacancies next year.
But Democratic officials told Fox News Digital that only two circuit court vacancies are certain, and the other two may ultimately decline to serve as senior judges.
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Mr. McConnell threatened that “serious ethics complaints” would soon arise if a retiring judge were to overturn his decision to serve in a senior position because of Mr. Trump's victory.
“As I have repeatedly warned the judiciary on other issues, if you play political games, expect political prizes. So I hope these judges do the right thing and enjoy a paid retirement.” Let's hope they leave politics to the political department.”
Fox News Digital's Julia Johnson and Kelly Phares contributed to this report.
