McConnell furious about 2 federal judges reversing decision to retire

By 
 December 6, 2024

Democrats and the Establishment are scared to death of what President-elect Donald Trump and his rock star incoming Cabinet are prepared to do in their efforts to drain the swamp for good this time.

Part of the job of an incoming president is filling vacancies in the judiciary and naming replacements for judges who decide to retire. However, at least two federal judges appointed by Democrats have reversed the decision to retire.

According to The Hill, Sen. Mitch McConnell (R-KY) voiced his displeasure with news that two Democrat-appointed judges who have decided not to retire so as to not let Trump be able to name their presumably Republican-leaning replacement. 

The Republican Senate minority leader called the "unusual" decision for the judge's retirement reversal a "partisan gambit" that he believes undermines the federal judiciary.

What's going on?

McConnell pointed out that the judges "rolled the dice" expecting that a Biden or VP Kamala Harris win would allow a Democrat to replace them, and lost the bet. So, now, essentially out of spite, they're suddenly changing their minds.

"It’s a brazen admission. And the incoming administration would be wise to explore all available recusal options with these judges, because it’s clear now that they have a political finger on the scale," McConnell said.

McConnell added, "This sort of partisan behavior undermines the integrity of the judiciary. It exposes bold Democratic blue where there should only be black robes."

The Hill noted:

U.S. District Judge Max Cogburn, an appointee of former President Obama who sits on the court for the Western District of North Carolina, decided to remain in active service despite announcing in 2022 that he would assume part-time senior status.

The other judge, as reported by The Hill:

Cogburn’s change of plans came after U.S. District Judge Algenon Marbley, a judge for the Southern District of Ohio, reversed his intention to take senior status on the court after Trump won the presidential election last month.

Breaking the deal

McConnell expressed his disdain for the decision because it will undermine a deal struck "before Thanksgiving between Senate Democrats and Republicans to confirm about a dozen district judges in exchange for Trump getting four more circuit-court seats to fill."

If two more federal judges decide to reverse their decisions, that deal will be shot.

"It would be especially alarming if either of the two circuit judges whose announced retirements created the vacancies currently pending before the Senate — in Tennessee and North Carolina — were to follow suit," McConnell added.

Only time will tell if that happens.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson