Several federal judges have reversed their retirement plans after Donald Trump's 2024 presidential victory, choosing to remain on the bench instead of transitioning to senior status. This unusual decision has ignited controversy among Senate Republicans, who see it as a politically motivated maneuver to block Trump from filling judicial vacancies.
Fourth Circuit Judge James Wynn, for instance, rescinded his planned move to senior status, a move that would have opened a seat for a Trump appointee. This decision drew sharp criticism from Senator Thom Tillis (R-NC), who represents a state within the Fourth Circuit's jurisdiction. Tillis labeled Wynn's action "brazenly partisan" and "a slap in the face" to the Senate, which had reached a bipartisan agreement to delay confirming Wynn's replacement until the new Congress convened in January.
Similar reversals were made by District Judges Max Cogburn and Algenon Marbley. Although these district court positions were not part of the agreement with Trump, the likelihood of President Biden and the Democrats filling them before the end of their term was diminishing.
Senate Minority Leader Mitch McConnell (R-KY) addressed these decisions, accusing the judges of gambling on a Democratic victory and changing their plans to prevent Republican appointments. He suggested the incoming administration should consider recusal options for these judges, alleging they are injecting political bias into the judicial process.
McConnell highlighted the pre-Thanksgiving agreement between Republicans and Democrats, where the GOP agreed to expedite confirmation of district court nominees in exchange for Democrats not bringing forward circuit court nominations that lacked sufficient support for confirmation.
Trump's transition office has not yet commented on the matter.
