A federal judge in North Carolina has reversed a decision to step back from the bench, marking the second such instance since Donald Trump’s recent election victory. Judge Max Cogburn, initially planning to take senior status—a move allowing for reduced responsibilities while still hearing cases—rescinded his earlier announcement after a Democratic replacement could not be confirmed under President Joe Biden.
Appointed by Barack Obama in 2011, Cogburn had intended to semi-retire upon the confirmation of his successor. However, with Biden unable to secure a nominee before the presidential transition, Cogburn formally notified the White House of his decision to remain active. This development follows a similar move by Judge Algenon Marbley of Ohio, who reversed his retirement plans shortly after Trump’s victory earlier this month.
Judges taking senior status often align such decisions with political considerations, aiming to allow presidents of the same party that appointed them to fill their seats. Cogburn’s decision effectively blocks Trump from appointing a successor in Asheville’s Western District of North Carolina—an area where no woman or person of color has yet held a lifetime judicial appointment.
This week also brought news that another judge in the district, Frank Whitney, plans to take senior status. Unlike Cogburn, Whitney was appointed by George W. Bush, potentially opening a seat for Trump to fill.
The decision-making process around judicial transitions reflects a broader trend of strategic retirements timed with favorable political climates. Cogburn’s reversal underscores the delicate balance of power shaping the judiciary’s composition, especially during times of political change.
