McConnell criticizes federal judges for reversing retirement decisions as ‘open partisanship’

Senate GOP Leader Criticizes Federal Judges Reversing Retirements After Trump’s Reelection

Senate Minority Leader Mitch McConnell, a Republican from Kentucky, sharply criticized two federal judges for reversing their decisions to retire after former President Trump won re-election in November. McConnell called the judges “partisan Democrat district judges” and accused them of playing politics with their retirement plans.

McConnell pointed out that historically, only two judges have ever unretired after a presidential election – one Democrat in 2004 and one Republican in 2009. However, he noted that in just a matter of weeks, Democrats have already broken that record, suggesting blatant partisanship.

One of the judges in question is U.S. District Judge Algenon Marbley from Ohio, who had informed President Biden of his decision to remain on the bench since a successor had not been confirmed. Another judge, U.S. District Judge Max Cogburn from North Carolina, also withdrew his retirement plans. Both judges had initially announced plans to take senior status, allowing them to reduce their caseloads until a successor was appointed.

McConnell warned that the decisions made by these judges after Trump’s victory indicate a political bias and urged the incoming administration to explore all available recusal options. He also cautioned two sitting circuit court judges against reversing their retirements, as it would set an unprecedented precedent and undermine a bipartisan agreement on judicial nominations reached last month.

The bipartisan agreement allowed Trump to appoint four appellate court judges after taking office in January, in exchange for confirming several of Biden’s district court nominees. McConnell threatened “significant ethics complaints” if any retiring judge decided to reverse their decision based on political considerations.

In conclusion, McConnell emphasized the importance of judges maintaining their retirement plans and leaving politics to the political branches. The situation highlights the sensitive nature of judicial appointments and the need for transparency and ethical behavior within the judiciary.

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