Judges backing out of retirement ahead of Trump term leave GOP senators fuming

In the aftermath of President-elect Donald Trump’s victory in the 2024 election, some federal judges have made a surprising decision to unretire, going back on their plans to move to senior status and instead retaining their positions on the federal bench. This move has sparked outrage among some Republicans in the Senate, who see it as a partisan attempt to block Trump from filling vacancies on the court.

One of the judges who has decided to unretire is U.S. Circuit Judge James Wynn of the 4th U.S. Circuit Court of Appeals. Wynn had originally planned to move to senior status but changed his mind after Senate Democrats agreed to allow Trump to appoint his choices to several circuit court vacancies, including the seat being left by Wynn. This decision has angered Sen. Thom Tillis, R-N.C., who accused Wynn of being a “politician in robes” and called for hearings on his actions.

In addition to Judge Wynn, U.S. District Judges Max Cogburn and Algenon Marbley have also reversed their plans to retire, further fueling the controversy. While these district judges were not part of the agreement between Republicans and Democrats to leave certain vacancies for Trump to fill, it had become increasingly unlikely that President Biden and the Democrats would be able to fill the roles in time.

Senate Minority Leader Mitch McConnell has criticized the judges’ decisions, accusing them of attempting to block Trump from appointing replacements. McConnell warned that the incoming administration should explore recusal options with these judges, as it appears they have a political bias.

The agreement made between Republicans and Democrats prior to Thanksgiving stated that Republicans would forego procedural roadblocks on district court nominations in exchange for Democrats not bringing circuit court nominations to the floor. However, the judges’ decisions to unretire have thrown a wrench into this agreement, leading to further tension between the two parties.

President Biden is now looking to surpass Trump’s judicial record with the help of Senate Democrats, but the unexpected actions of these judges may complicate his plans. It remains to be seen how this controversy will unfold and what impact it will have on the makeup of the federal bench.