Federal judge rescinds retirement following Trump win as Biden scrambles to make 11th hour appointments

A federal judge from Ohio is rescinding his retirement plans, effectively preventing President-elect Donald Trump from appointing his replacement.

As President Joe Biden’s first and only term comes to an end, he and his team are scrambling to tie up any loose ends before Trump takes office. This includes hurrying to appoint judges to vacant positions, as was the case of U.S. District Judge Algenon Marbley. He has previously announced plans to take senior status, which would allow him to lighten his caseload until a replacement could be found. Senior status allows judges who have served at least 15 years and are at least 65 years old to transition to retirement without disrupting the judicial process or overloading other judges’ dockets.

Marbley, a Bill Clinton appointee, sent notice to the White House on Monday.

“A successor has not been confirmed, and I have therefore decided to remain on active status and carry out the full duties and obligations of the office,” he explained in his letter.

According to Fox News, there are currently “47 vacant seats in the federal judiciary, and there are 19 more justices who have announced plans to retire.” The Biden administration has only managed to find 28 candidates to fill those seats, but it is unknown if the confirmation processes can be completed in the time remaining.

It remains to be seen how many appointments Trump will be able to make in his second term, but prioritizing the federal judiciary could help cement his legacy after he leaves office.

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