Following Trump's victory, a second US judge overturns the decision to create a judicial vacancy.

Following President-elect Donald Trump's election triumph, a second federal judge selected by Democrats has revoked a decision to create a new judicial vacancy. Max Cogburn, a U.S. District Judge from North Carolina, took the action because President Joe Biden had a limited amount of time to appoint new judges and have them confirmed by the Senate before Democrats lose their control in that house when the next Congress meets on January 3, 2025. On January 20, Biden leaves office. In 2011, Democratic President Barack Obama appointed Cogburn.

After being on an official list of anticipated judge openings the previous month, Cogburn's name vanished from the list on November 30. Subject to Senate confirmation, Cogburn had stated in 2022 that he intended to assume senior status, a form of semi-retirement for long-serving federal judges that leaves a vacancy that can be filled by the president. Senior status judges are still paid in full, but they usually have less work to do. Biden did not name a replacement for the judge following Cogburn's 2022 announcement. A judicial nomination may be blocked by senators from the home state, according to Senate tradition. Ted Budd and Thom Tillis, the senators from North Carolina, are both Republicans. The White House and the senators were unable to reach a consensus on Cogburn's replacement.