The Biden administration is scrambling to appoint judges before leaving office
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A federal judge in Ohio is rescinding his partial retirement after President Biden's administration failed to nominate a replacement for him.
U.S. District Judge Algenon Marbley had announced plans to take on senior status in October 2023, which allowed him to take a lighter case load until a replacement could be appointed. His decision to rescind his retirement now blocks President-elect Trump from naming a replacement once he enters office.
Marbley is an appointee of President Bill Clinton. He announced plans to rescind his retirement in a letter to the White House on Friday.
"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 wrote in the letter.
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U.S. District Judge Algenon Marbley has rescinded his partial retirement in a move that blocks President-elect Trump from naming a replacement once he enters office. (United States District Court Southern District of Ohio, Eastern Division)
Senior status is available to judges over the age of 65 who have completed at least 15 years on the federal bench.
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Marbley's decision comes as the Biden administration is scrambling to appoint as many judges as possible before the Trump administration takes power in January.
There are currently 47 vacant seats in the federal judiciary, and there are 19 more justices who have announced plans to retire. Marbley was among the latter group.
President Biden's administration is working to confirm as many judges as possible before transferring power to Trump. (AP Photo/Mark Schiefelbein)
The Biden administration has candidates to fill 28 of those seats, if their confirmation processes can be completed in time.
As of September, the Biden administration was barely out-pacing the number of judges confirmed by Trump in his first term. Trump had appointed 204 federal judges by Sep. 5, 2020, while Biden had appointed 205 by the same point in his term.
The incoming Trump administration is poised to hit the ground running with judicial appointments. (AP/Evan Vucci)
Both Biden and Trump have put a renewed emphasis on the federal judiciary, each focusing on quickly facilitating as many appointments as they could during their terms. Their appointments during one term have rivaled those of their predecessors, who had double the time to confirm them.
Reuters contributed to this report.
Anders Hagstrom is a reporter with Fox News Digital covering national politics and major breaking news events. Send tips to
