Mitch McConnell has once again taken the stage to highlight the latest antics of two federal judges who appear to have done a complete volte-face, and not in order to impress their friends at the next cocktail party. U.S. District Judge Max Cogburn of North Carolina and U.S. District Judge Algenon Marbley from Ohio have decided to scrap their plans for a quiet “senior” status retirement just when they realized their hopes of being replaced by a Democrat were dashed by President Trump’s victory. It’s like watching a political game of musical chairs where the judges just refuse to sit down, determined to hold onto their seats no matter the music.
What exactly spurred these judicial gymnastics? Clearly, the judges were hoping to delay their retirements long enough to be replaced by the Biden administration, only to find themselves sidelined by reality. McConnell laid it all out with the clarity of a seasoned politician who knows a power play when he sees one. He suggested that these moves aren’t just coincidental—rather, they reek of open partisanship. In simpler terms, it seems these judges are attempting to block any chance of Trump appointing their replacements. The game is afoot, and McConnell isn’t about to let these judges off the hook for what looks like a blatant political strategy.
The stakes are high, and McConnell wasted no time in urging Trump’s incoming team to investigate every possible recusal option for cases that may fall before Cogburn and Marbley. How could he not? The whole charade smacks of impropriety, as the GOP leader pointed out that the judges now seem to have a “political finger on the scale” trying to tilt the judiciary in their desired direction. Who wouldn’t want to keep a RINO from making decisions when they can cling to their seats and exert their influence instead?
For all the braggadocio, the Democrats aren’t quite in a position of total dominance. A recent agreement saw them rushing to confirm a handful of district judges before they lose the Senate to the GOP at the end of the year. Yet something about McConnell’s warning makes it clear that their days might be numbered. If circuit judges start to “unretire” just because they dislike the outcome of an election, it wouldn’t just be alarming—it’d be a textbook case study of judicial misconduct waiting to happen. McConnell’s stern but reasonable tone indicates that he’s not about to let this fly without consequences.
Mitch McConnell calls on anti-Trump judges to recuse themselves from some caseshttps://t.co/9DMV47GI1O pic.twitter.com/rgSEsufWfb
— The Washington Times (@WashTimes) December 4, 2024
Both Cogburn and Marbley were appointed by Democratic presidents, with histories that precede their newfound desire to hang around longer than necessary. The issue here transcends mere personal strategy; it raises probing questions about the integrity of the judiciary in a time when Americans are more divided than ever. While Republicans are accruing victories in the courts, including solidifying a 6-3 conservative majority in the Supreme Court, Democrats are quick to cry foul. However, their previous attempts at leveraging the judicial system for their own gains were equally transparent.
In the American political landscape, it seems there is nothing more precious than a judgeship—until suddenly it isn’t, as both side’s players navigate the waters of looming elections and ever-shifting political tides. In the end, it’s a game that may only have losers, especially if these judges refuse to settle into their supposedly designated retirements. The courtroom drama promises to be as riveting as any episode of a legal thriller, and those keeping score will be sure to note just how far some will go to maintain their grasp on power.