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

The Senate GOP leader on Monday slammed decisions by two federal judges to reverse their announced retirements after Republican former President Trump won re-election in November.

Minority Leader Mitch McConnell, R-Ky., criticized the pair of ‘partisan Democrat district judges’ after they announced plans to ‘unretire’ after ‘the American people voted to fire Democrats last month.’ 

‘Looking to history, only two judges have ever unretired after a presidential election. 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,’ McConnell said in remarks delivered on the Senate floor.

In mid-November, U.S. District Judge Algenon Marbley of Ohio informed President Biden of his intention to stay on the bench after Biden had failed to nominate a replacement for him.

Marbley, who was appointed by President Clinton, said that because a successor had not been confirmed, ‘I have therefore decided to remain on active status and carry out the full duties and obligations of the office.’ 

Meanwhile, U.S. District Judge Max Cogburn of North Carolina, who was appointed by President Obama, has also withdrawn plans to retire, Reuters reported.

Both Marbley and Cogburn had announced plans to take senior status before the election, which would have allowed them to take reduced caseloads until the president appoints a successor. 

McConnell said their decisions to rescind their retirements after Trump won points to ‘a political finger on the scale.’ He urged the incoming Trump administration to ‘explore all available recusal options with these judges.’ 

He also warned two sitting circuit court judges, who have announced retirements and have vacancies currently pending before the senate, against making similar decisions to ‘unretire.’ 

‘Never before has a circuit judge unretired after a presidential election. It’s literally unprecedented. And to create such a precedent would fly in the face of a rare bipartisan compromise on the disposition of these vacancies,’ McConnell said.

He was referring to a bipartisan agreement on judicial nominations last month that secured Trump’s ability to appoint four crucial appellate court judges after he assumes office in January.

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. 

However, a Democratic source familiar told Fox News Digital that only two of the circuit court vacancies are certain, and the other two may ultimately decide against taking senior judge status.

McConnell threatened that ‘significant ethics complaints’ would follow swiftly if any retiring judge reversed their decision to take senior status because Trump won.

‘As I repeatedly warned the judiciary in other matters, if you play political games, expect political prizes. So let’s hope these judges do the right thing and enjoy their well-earned retirement and leave the politics to the political branches.’ 

Fox News Digital’s Julia Johnson and Kelly Phares contributed to this report.