GOP senators are furious as judges withdraw from retirement before Trump's term ends.

No longer will three judges retire.

GOP senators are furious as judges withdraw from retirement before Trump's term ends.
GOP senators are furious as judges withdraw from retirement before Trump's term ends.

Some federal judges who had planned to retire and create vacancies on the federal bench have opted to unretire in the wake of President-elect Donald Trump's 2024 win, sparking outrage among some Republicans in the Senate.

U.S. Circuit Judge James Wynn of the 4th U.S. Circuit Court of Appeals opted to remain on the court instead of seeking senior status this month, following the Senate Democrats' agreement to allow Trump to fill the circuit court vacancy, including the seat being vacated by Wynn.

Judge Wynn's decision to rescind his retirement and return to the bench has angered Sen. Thom Tillis, R-N.C., whose state is under the circuit's jurisdiction. In a statement, Tillis called the move unprecedented and accused some judges of being nothing more than politicians in robes. He said that Judge Wynn's decision was a slap in the face to the U.S. Senate, which had come to a bipartisan agreement to hold off on confirming his replacement until the next Congress was sworn-in in January.

Gavel in court room
Some federal judges have opted to unretire in the wake of President-elect Donald Trump's victory in November. (Getty Images )

"The Senate Judiciary Committee should investigate his attempt to politicize the judicial retirement system and he should face ethics complaints and recusal demands from the Department of Justice."

When asked about potential hearings, a spokesperson for incoming Senate Judiciary Chairman Chuck Grassley, R-Iowa, stated that Senator Grassley is eager to collaborate with President Trump to appoint judges who adhere to the Constitution and will work with committee Republicans to address any unacceptable partisanship on the bench.

U.S. District Judges Max Cogburn and Algenon Marbley, who had previously planned to do something, altered their plans last month.

Sen. Thom Tillis in closeup shot
Sen. Tillis has called for hearings on the so-called judicial unretirements. (Photo by Anna Moneymaker/Getty Images)

The agreement to leave certain vacancies for Trump did not include the district judges, and it was becoming increasingly unlikely that President Biden and Democrats would be able to fill the roles in time.

Senate Minority Leader Mitch McConnell, R-Ky., stated in early December that the judges' rare decisions prompted him to change his plans to prevent a Democrat from replacing them after they rolled the dice on the assumption that a Republican would succeed.

Sen. Mitch McConnell closeup shot
Senate Minority Leader Mitch McConnell called out the rare acts by Democrat-appointed judges. (Al Drago/Bloomberg via Getty Images)

The incoming administration should consider all recusal options with these judges, as it is evident that they have a political bias.

McConnell stated that the agreement reached prior to Thanksgiving between Republicans and Democrats included a commitment from the GOP to "waive our procedural obstacles on the pending nominations to district courts, which have the necessary votes for confirmation, in exchange for the Democratic Leader not bringing any of the remaining nominations to circuit courts to the floor, as they lack the votes for confirmation."

Joe Biden, inset, smiling with sunglasses; main pic gavel
President Biden is looking to beat President-elect Donald Trump's judicial record, with help from Senate Democrats. (Getty Images)

Trump's transition office did not immediately provide comment to Planet Chronicle Digital.

by Julia Johnson

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