Senate Minority Leader Mitch McConnell blasted the decision by two federal judges to reverse their retirement decisions in the wake of Donald Trump winning the November election.
"Looking to history, only two judges have ever unretired after a presidential election," McConnell said on the Senate floor. "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."
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.
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. Marbley was appointed to the bench by former President Clinton. (The Hill)
“This sort of partisan behavior undermines the integrity of the judiciary. It exposes bold Democratic blue where there should only be black robes,” McConnell said.
The Republican leader also said creating such a precedent would “fly in the face of a rare bipartisan compromise on the disposition of these vacancies,” referring to an agreement made last month on judicial nominations.
Republicans agreed to halt procedural delay tactics and permit Senate Majority Leader Chuck Schumer, D-N.Y., to vote on cloture on nine of Biden's district court judges before Thanksgiving and vote to confirm them when they return after the holiday. In exchange, Democrats would pull four circuit court nominees who lack the votes to get confirmed, allowing Trump to fill those vacancies next year. (Fox News)
He issued a warning to any retiring judges who reverse their retirement because of Trump.
"I can only assume they will face significant ethics complaints based on Canons 2 and 5 of the Code of Conduct for U.S. Judges, followed by serial recusal demands from the Department of Justice. And they’ll have earned it,” he said.