Judge's Retirement Reversal Denies Trump, GOP Senate a Vacancy

A federal trial judge in Ohio walked back his plans to relinquish his seat days after Donald Trump won reelection to the White House and Republicans recaptured the Senate.

US District Judge Algenon Marbley notified President Joe Biden of his decision to remain an active judge on the US District Court for the Southern District of Ohio, according to his chambers.

The Bill Clinton-appointee’s reversal of plans to take a form of semi-retirement called senior status leaves the president-elect with no vacancies to fill on the Columbus, Ohio-based bench dominated by Republican-appointed judges. Trump appointed four judges to the court in his first term.

Research shows one factor that can influence a judge’s retirement plans is whether a like-minded president would replace them.

Marbley had announced plans to take senior status in October 2023 upon the confirmation of a successor. But the White House never nominated a replacement, who would’ve needed approval from a split Senate delegation. Senate tradition requires that district court nominees get home-state senator support to advance.

But come Jan. 3, Ohio will be represented by two Republicans. Democrat Sherrod Brown lost his re-election bid and JD Vance was elected vice president to serve alongside Trump. Republican Gov. Mike DeWine will name a replacement for Vance.

Marbley, who notified Biden of his plans on Nov. 8, is the first Black judge to serve on the district court, as almost a quarter of federal trial courts have never had a non-White judge.