By: Baarika Suresh

Questions concerning the relationship between politics and the judiciary have been raised by the practice of judges “unretiring” after a political shift, especially after Donald Trump’s recent victory. In this context, “unretiring” refers to former judges who return to active duty, usually at the invitation or persuasion of the newly elected administration, after having reached the mandatory retirement age or leaving the bench for other reasons. Significant discussion over judicial independence and the wider ramifications for the legal system has been spurred by this practice.

In the US, judicial retirements are frequently viewed as a strategy to maintain impartiality and make sure that judges are not influenced by political pressures as they age. However, it can appear that the judiciary is becoming politicized when judges decide to return to the bench, especially following a presidential election that has significantly changed the political scene.

Four seats were included in a deal reached in November between Senate Republicans and Senate Majority Leader Chuck Schumer. In exchange for a Democratic commitment to fill the four circuit court vacancies for the Trump administration, Republicans agreed to confirm Mr. Biden’s district court nominees as soon as possible. However, Judge James Wynn has since changed his mind about accepting senior status, so the number has been lowered to three.

The return of retired judges raises questions about the possible decline in public trust in the judiciary’s impartiality and independence, particularly under a president with a strong ideological agenda. The rule of law’s foundational tenet of a neutral justice system may be compromised if such retirements and reappointments appear to be politically motivated.

It might also establish a worrying precedent for upcoming administrations, when political control over the judiciary might become even more pronounced. Instead of concentrating solely on legal knowledge and integrity, it might even promote a cycle in which judicial selections and reappointments become increasingly politically charged.

Finally, even though unretiring judges might be viewed as a practical reaction to political changes, the practice needs to be closely examined to preserve the harmony between judicial impartiality and political influence.