Judges backing out of retirement ahead of Trump term leave GOP senators fuming

A spokesperson for incoming Senate Judiciary Chairman Chuck Grassley, R-Iowa, told Fox News Digital, "Senator Grassley looks forward to working with President Trump to fill judicial vacancies with constitutionalist judges, and will work with committee Republicans to respond to inappropriate partisanship on the bench," when asked about potential hearings.

The same was done by lower level appointees U.S. District Judges Max Cogburn and Algenon Marbley, who changed their plans last month. 

In early December floor remarks on the rare decisions by the judges, Senate Minority Leader Mitch McConnell, R-Ky., said, "They rolled the dice that a Democrat could replace them and now that he won't, they're changing their plans to keep a Republican from doing it."

"It's a brazen admission. And the incoming administration would be wise to explore all available recusal options with these judges, because it's clear now that they have a political finger on the scale," he added. 

McConnell noted that the agreement made prior to Thanksgiving between Republicans and Democrats stated that the GOP would "forego our available procedural roadblocks on the remaining nominations to district courts-which have the votes to be confirmed-and in exchange the Democratic Leader won't bring any of the remaining nominations to circuit courts to the floor-because they don't have the votes to be confirmed."