The selection of Emil Bove by Trump for the influential Court of Appeals for the Third Circuit is concerning. It seems to undermine the integrity and independence that have been foundational to our judicial system since 1789.
Referring to Alexander Hamilton, the judiciary is often seen as the “weakest of the three” branches of government. And, honestly, there’s really no need to make it weaker. But we’re not at the end of the road just yet.
The immediate issue is that Bove’s appointment could pave the way for more partisan influences in our top courts.
Judge Samuel Alito, who was appointed by President George W. Bush in 2006 from the Third Circuit to the Supreme Court, is 75 now—an age that might prompt retirement. Meanwhile, Bove is ready to step in, which makes it seem likely that Alito could be leaving the court soon.
Key qualities of a good judge include experience, intelligence, sound judgment, temperament, integrity, personality, and a sense of fairness.
Bove ticks all the boxes, but there’s a catch—he lacks previous federal judicial experience. This is reminiscent of past justices, like John Marshall and Roger Taney, who had their own controversial moments. It’s a mixed bag when you look at justices like Oliver Wendell Holmes and Louis Brandeis, too.
Some senators seem to have really disliked Bove’s nomination, similar to their reactions against other controversial appointments like those of Pam Bondy and Robert F. Kennedy Jr. Yet, Bove’s position feels different given that it’s a rare opportunity in the judicial landscape. He’s closely linked to Trump, having defended him as a personal lawyer in several high-profile cases. A group of former prosecutors even wrote a letter urging against Bove’s confirmation, labeling him “the worst candidate.”
Bove has raised concerns regarding his temperament and judgment. For instance, how can you trust someone who has echoed sentiments suggesting a rebellion against court orders? Statements he’s made certainly call into question his soundness of judgment, especially concerning the investigation into the Capitol attacks, which he referred to as “a serious national fraud.”
What does integrity look like for someone who downplays the Department of Justice’s decision to dismiss charges against New York Mayor Eric Adams? A federal judge had already found the representative’s claims to lack credibility, pointing to a significant bias.
Even in this challenging environment, some hope remains. The Third Circuit covers Pennsylvania, New Jersey, Delaware, and the Virgin Islands, including a mix of judges—seven Democrats and six Republicans—though some seats are still open. Trump will likely aim to fill those, too.
But let’s pause for a moment. The Third Circuit doesn’t typically deal with high-stakes ideological cases. Many cases are business-related, given its jurisdiction. Bove will often find himself on a panel of three judges, with some Republicans on the court showing a fair amount of independence.
For example, during the 2020 election, Judge Stefanos Vivas, another Trump appointee on the Third Circuit, unanimously dismissed allegations of campaign fraud in Pennsylvania, stating plainly that “this is not what makes elections unfair.”
The Supreme Court, especially during the MAGA era, has become distinctly different from the Third Circuit atmosphere that Bove is entering. It’s not just a standard policy-making body anymore—it’s arguably turned more partisan. Just look at decisions like Dobbs, which overturned Roe v. Wade, and other controversial rulings that give Trump leniency for his actions.
At 44, if Bove ever makes it to the Supreme Court, he could be there for a long time. But then again, it’s entirely possible he might not. There’s still a chance that those in power will make a wise choice next time. However, it might be premature for liberals to start panicking just yet.
