On Tuesday, December 3, 2024, The Washington Times reported that Mitch McConnell, the Senate GOP leader, has publicly criticized two federal judges for their decision to remain in active service after President-elect Donald Trump’s victory. McConnell argued that their actions demonstrate a political bias and called for the judges to recuse themselves from cases involving the Trump administration.
U.S. District Judge Max Cogburn of North Carolina and U.S. District Judge Algenon Marbley from southern Ohio have both opted to reverse their previous plans to take on “senior” status, which is a form of semi-retirement. By doing so, they will continue to serve in full capacity, thereby preventing Trump from appointing replacements to their seats. This decision has raised concerns among Republican leaders, who view it as an attempt to thwart Trump’s influence in the judiciary.
McConnell expressed his frustrations on the Senate floor, stating, “It’s hard to conclude that this is anything other than open partisanship.” He pointed out that the judges had initially planned to retire, waiting for President Biden to appoint their successors. However, with Trump’s election victory, McConnell accused them of changing their plans to block a Republican from filling those judicial vacancies.
The Senate GOP leader urged the Trump administration to consider “all available recusal options” in cases that come before Cogburn and Marbley, suggesting that their decisions could impact the fairness of the judicial process. According to McConnell, the judges’ actions indicate they have a “political finger on the scale,” which undermines the integrity of the court system.
This controversy comes as the Senate prepares for a shift in power, with Republicans set to regain control at the end of the year. Under an agreement made last month, Democrats are expected to expedite the confirmation of several district judges before the transition occurs. Notably, the arrangement allows Trump to nominate candidates for four circuit judgeships that are currently vacant.
McConnell warned that it would be “alarming” if the judges who announced their retirements were to rescind their plans, especially now that it is evident Trump would be making the appointments. He stated, “If these circuit judges unretire because they don’t like who won the election, I can only assume they will face significant ethics complaints.”
Judge Max Cogburn was nominated by President Obama, while Judge Algenon Marbley was appointed by President Clinton. Their decisions to remain active judges come amid increasing scrutiny of the judiciary, particularly regarding the political affiliations of its members.
The current composition of the Supreme Court reflects a significant influence from Republican presidents, with Trump appointing three justices and GOP presidents nominating six of the nine sitting justices. This has led to criticism from Democrats, who have raised concerns about ethical standards, particularly regarding undisclosed gifts received by some justices from conservative donors.
President Biden managed to appoint Justice Ketanji Brown Jackson, but the broader landscape of federal courts has seen complaints from Democrats about case assignments in regions dominated by conservative judges. They assert that this judicial landscape allows figures like Texas Attorney General Ken Paxton to select judges sympathetic to their challenges against Biden’s policies, which often results in unfavorable outcomes for the administration.
Republican leaders counter that Democrats engaged in similar practices during Trump’s presidency, strategically filing lawsuits in liberal-leaning courts on the West Coast to challenge his policies, which typically resulted in rulings against Trump.
Source: The Washington Times
