Another US Judge Reverses Decision to Create Judicial Vacancy Following Trump’s Win

December 1, 2024 TruthUSA

Following Trump’s election victory last month, federal district judges in North Carolina and Ohio decided not to pursue semi-retired status.

Another federal judge appointed by Democrats has reversed a decision to create a new judicial vacancy in response to President-elect Donald Trump’s win.

U.S. District Judge Max Cogburn of North Carolina, appointed by Democrat Barack Obama in 2011, made this move amid the time constraints for President Joe Biden to nominate and confirm new judges before Democrats lose their Senate majority on Jan. 3, 2025, when the new Congress convenes. Biden’s term ends on Jan. 20.

Cogburn’s name was removed from the list of expected judicial vacancies on Nov. 30 after being listed the previous month.

In 2022, Cogburn had announced his plans to transition to senior status, a form of part-time retirement for long-serving federal judges that opens up a vacancy for a president to fill, subject to Senate confirmation. Judges in senior status receive full pay but typically handle fewer cases.

After Cogburn’s initial decision in 2022, Biden did not nominate a replacement judge, as the home state senators of North Carolina, both Republicans, could block the nomination. Due to a lack of agreement between the senators and the White House, no replacement was confirmed for Cogburn.

In response to a Senate deal to advance Biden’s remaining judicial nominees before his term ends, Tillis stated on Nov. 21 that judges should uphold their commitment to transition to senior status.

“I expect that the judges who submitted their retirements will not play partisan politics with a presidential transition and a bipartisan Senate deal by going back on their word to retire,” Tillis said.

Prior to Cogburn’s change of heart regarding senior status, U.S. District Judge Algenon Marbley of Ohio reportedly informed the White House after Trump’s election victory on Nov. 5 that he would no longer pursue senior status. Marbley, appointed by Democrat Bill Clinton in 1997, could not reach an agreement with Biden or Ohio’s senators on a replacement.

Marbley’s name appeared on the expected judicial vacancies list in October but was removed in the November update.

On Nov. 19, Trump urged Senate Republicans not to confirm Biden’s remaining judicial nominees before his inauguration next month.

“The Democrats are trying to stack the courts with radical left judges on their way out the door,” Trump wrote on Truth Social. “Republican senators need to show up and hold the line—no more judges confirmed before Inauguration Day!”

The Epoch Times reached out to Cogburn’s office for comment but did not receive a response at the time of publication.

Reuters contributed to this report.

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