Federal judges' reversal of retirement decisions is slammed by McConnell as 'partisan politics'.

On Monday, the Senate GOP leader criticized the decisions of two federal judges who changed their minds about retiring after the re-election of former President Trump in November.

Mitch McConnell, the Republican minority leader from Kentucky, criticized two "partisan Democrat district judges" who announced plans to "unretire" after the "American people voted to fire Democrats last month."

According to McConnell, only two judges have ever unretired after a presidential election, both Democrats, in 2004 and 2009. However, in just a matter of weeks, Democrats have already surpassed this all-time record. This raises concerns about open partisanship.

In November, Judge Algenon Marbley of Ohio informed President Biden that he intended to remain on the bench despite Biden's failure to nominate a replacement for him.

Since a successor had not been confirmed, Marbley, who was appointed by President Clinton, opted to remain on active status and fulfill the office's duties and obligations.

North Carolina's U.S. District Judge Max Cogburn, appointed by President Obama, has withdrawn plans to retire, according to Reuters.

Before the election, both Marbley and Cogburn had declared their intention to take senior status, which would have enabled them to reduce their workload until the president appointed a successor.

McConnell stated that the judges' decisions to withdraw their retirements following Trump's victory were influenced by "a political finger on the scale." He advised the incoming Trump administration to investigate all possible recusal options for these judges.

Two sitting circuit court judges who have announced retirements and have vacancies currently pending before the senate were warned by him against making similar decisions to "unretire."

"No circuit judge has ever unretired after a presidential election. This is unprecedented, and creating such a precedent would go against a rare bipartisan agreement on how to handle these vacancies," McConnell stated.

Last month, a bipartisan agreement on judicial nominations was reached, allowing Trump to appoint four crucial appellate court judges after he takes office in January.

Republicans agreed to allow Senate Majority Leader Chuck Schumer to vote on cloture on nine of Biden's district court judges before Thanksgiving and 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.

According to a Democratic source, only two of the circuit court vacancies are guaranteed, and the other two may choose not to accept senior judge status.

If any retiring judge reversed their decision to take senior status because Trump won, McConnell warned that "significant ethics complaints" would be filed promptly.

"If you engage in political games, you can expect political rewards. However, I hope the judges make the right decision and enjoy their well-deserved retirement, leaving politics to the political branches."

Planet Chronicle Digital's Julia Johnson and Kelly Phares contributed to this report.