Federal Judge Algenon Marbley to remain active in Ohio, thwarting Trump's appointment plans

A federal judge in Ohio has rescinded his partial retirement after President Biden's administration failed to name a replacement.

U.S. District Judge Algenon Marbley had indicated plans to embark on senior status in October 2023, allowing him to take on fewer cases until a replacement could be chosen. His decision to withdraw his resignation prevents President-elect Trump from choosing a replacement after he takes office.

President-elect Donald Trump.

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President Bill Clinton appointed Marbley. On Friday, he announced his decision to retract his retirement in a letter to the White House.

"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," Marbley said in his reply.

Senior status is granted to judges over the age of 65 who have served at least 15 years on the federal bench.

Marbley's decision comes as the Biden administration works to select as many justices as possible before the Trump administration takes office in January.

There are presently 47 empty seats in the federal judiciary, and 19 more justices have declared their retirement. Marbley was in the later group.

The Biden administration has candidates to fill 28 of those seats, if their confirmation processes are finished on time.

As of September, the Biden administration was just slightly ahead of Trump's first-term confirmation rate for judges. By September 5, 2020, Trump had appointed 204 federal judges, whereas Biden had appointed 205 at the same point in his presidency.

Both Biden and Trump have placed a fresh emphasis on the federal judiciary, each focused on expediting as many nominations as possible throughout their tenure. Their appointments throughout a single term have matched those of their predecessors, who had double the time to confirm them.