Courts

Mitch McConnell's 'Brazen' Judicial Hypocrisy

He can shut the hell up.

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Republican healthcare bill all night

(Photo by Melina Mara/The Washington Post)

It was recently revealed that two Democratic appointees to the federal bench — Max O. Cogburn Jr. and Algenon L. Marbley — rescinded their decisions to move to senior status in the wake of Donald Trump’s 2024 election victory. This means those are two fewer seats Trump will get to fill with Federalist Society acolytes. Which, given the political and judicial landscape that exists in 2024, is a logical decision.

But Senator Mitch McConnell is pretty pissed about it. As reported by The Hill, McConnell went off on the jurists for their choice.

McConnell called the unusual decisions to forgo retirement following Trump’s sweeping victory last month a “partisan” gambit that would undermine the integrity of federal courts.

“They rolled the dice that a Democrat could replace them, and now that he won’t, they’re changing their plans to keep a Republican from doing it,” McConnell said on the Senate floor.

“It’s a brazen admission. And the incoming administration would be wise to explore all available recusal options with these judges, because it’s clear now that they have a political finger on the scale,” he said.

“This sort of partisan behavior undermines the integrity of the judiciary. It exposes bold Democratic blue where there should only be black robes,” McConnell warned.

Pardon me while I roll my eyes so hard.

Seriously — the fucking gall of this guy! Because in March of 2020, McConnell himself reportedly “initiated outreach in an effort to heighten awareness among judges nominated by Presidents Ronald Reagan, George Bush and George W. Bush that making the change now would be advantageous.” I guess McConnell thinks only *he* should be able to manipulate judicial retirements to maximize his ideological preferences.

While we’re on the subject of “partisan behavior” that “undermines the integrity of the judiciary,” let’s talk about stolen Supreme Court seats, shall we? Remember, this is the guy who made history by keeping the seat of the late Justice Antonin Scalia vacant for a year just so a Democrat (Barack Obama) wouldn’t be able to name his replacement. It was obvious from jump that his stated justification for the unprecedented move (because there was an election happening nine months later) was merely an excuse for a blatant power play. But when McConnell turned around and DID THE EXACT OPPOSITE when Ruth Bader Ginsburg died six WEEKS before the 2020 election, his true motives became undeniable.

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So spare me the histrionics. Judges Cogburn and Marbley and merely playing the game McConnell created. Good on them for seeing the reality of the situation.

Earlier: Federal Judges Declaring Backsies On Retirement Since Trump Won The Election
Mitch McConnell Urges Judges To Make Way For Younger, Fitter Reactionaries

Kathryn Rubino HeadshotKathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].

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