In October 2023, Judge Algenon Marbley of the Southern District of Ohio announced his plan to take on senior status once his successor was confirmed. However, the White House did not nominate anyone to fill his position as Senators Sherrod Brown and J.D. Vance could not agree on a suitable replacement.
Recently, Judge Marbley informed the White House of a change in his decision. He has now decided not to take senior status, possibly to prevent Donald Trump from nominating his replacement.
This means that Trump will have one less federal judicial vacancy to fill, and it is likely that there will be fewer vacancies in the next four years compared to the past four years or Trump’s first term.
It remains to be seen if Judge Marbley will be the only one to reverse a previously announced plan to go senior. According to the Administrative Office of the U.S. Courts, there are eight other federal judges who have announced their intention to go senior without a nominated replacement. Some have set a specific departure date, while others have not. Additionally, there are eleven judges who have announced their intention to leave active service and have a replacement nominated by the Biden White House.
In 1968, Chief Justice Earl Warren planned to retire once his successor was confirmed, assuming President Johnson would choose his replacement. However, the Senate did not approve the elevation of Associate Justice Abe Fortas to Chief Justice, and Homer Thornberry was not confirmed before the election. Chief Justice Warren likely was not pleased that President Nixon would appoint his successor, but he chose not to rescind his retirement announcement to avoid appearing political. This decision allowed Nixon to appoint Warren Burger as Chief Justice.
