Senate Minority Leader Mitch McConnell (R-Ky.) expressed frustration on Monday after two federal judges, both appointed by Democrats, reversed their decisions to retire. McConnell believes these changes were made to prevent President-elect Donald Trump from picking their replacements.
McConnell called it a “partisan” move, accusing the judges of trying to keep Trump from filling their seats. “They hoped a Democrat would replace them, but now that he won’t, they’re changing their plans to block a Republican from doing so,” McConnell said on the Senate floor.
He added, “It’s clear these judges are letting politics influence their decisions. The incoming administration should consider whether these judges should step aside from any cases that could raise questions about fairness.”
McConnell warned that this kind of behavior harms the reputation of the courts. “This is a clear example of partisanship creeping into the judiciary,” he said. “Judges should wear black robes, not show their political colors.”
The two judges involved are U.S. District Judge Max Cogburn, appointed by President Obama, and U.S. District Judge Algenon Marbley, appointed by President Clinton. Both announced plans to retire earlier but then changed their minds after Trump’s victory in November.
McConnell argued that these moves were not just coincidences. “It’s hard to see this as anything other than partisanship,” he said.
McConnell also raised concerns about an agreement made between Senate Republicans and Democrats before Thanksgiving, where they agreed to confirm several district judges in exchange for Trump getting more seats on the circuit courts. He warned that if two judges in Tennessee and North Carolina also decided to stay on the bench, it could cause serious problems.
“It would be a big issue if these two circuit judges went back on their decision to retire,” McConnell said. “No circuit judge has ever done this after an election. It would break an important bipartisan deal.”
If these circuit judges decided not to retire, McConnell said it could lead to ethics complaints against them. “If they stay on the bench just because they disagree with the election result, they will face complaints and likely be asked to recuse themselves from certain cases,” he said.
In response, Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) reminded McConnell of his actions in 2016 when Senate Republicans blocked President Obama’s nomination of Merrick Garland to the Supreme Court.
“When I hear Senator McConnell talk about fairness, I’m reminded of how Republicans handled the vacancy left by Justice Scalia’s death,” Durbin said.
Republicans held up the nomination for nearly a year, allowing Trump to appoint conservative Judge Neil Gorsuch to the Supreme Court in 2017.
