One area of feverish activity in the transition from President Biden to President-elect Trump is federal judgeships, and the Washington Post reports on a new wrinkle. Three judges appointed by Democratic presidents have made the unusual decision to reverse their decisions to retire in the wake of Trump's election win. They are:
- James A. Wynn Jr., 70, of the US Court of Appeals for the Virginia-based 4th Circuit.
- Max O. Cogburn Jr., 73, of the Western District of North Carolina.
- Algenon L. Marbley, 70, of the Southern District of Ohio.
A fourth judge—Jane Branstetter Stranch of the 6th Circuit—might do the same, and the trend is angering Senate Republicans. Senate Minority Leader Mitch McConnell warned that judges who change their plans (technically, they are rescinding their declarations of "senior status") could face "significant ethics complaints." Related:
- Senate Democrats have been scrambling to confirm as many judges as possible, with two on Friday bringing Biden's total to 235—one more than Trump in his first term.
- Also last week, Biden vetoed the Judges Act, which would have created federal judgeships in 13 states to ease backlogs, per the Hill. The measure once had bipartisan support, but House Republicans held it up until Trump won reelection to make sure that he, and not Biden, would be able to appoint all those new judges.
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