A Bove and Beyond: Parties Clash Again Over Control of Judiciary

Editor’s note: Emil Bove was confirmed Tuesday night by a 50-49 margin. Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine joined all Democrats in voting against his confirmation, and Sen. Bill Hagerty, R-Tenn., did not vote.

The Senate has again become the scene of a titanic battle for control of the judiciary under President Donald Trump.

Emil Bove III, Trump’s nominee to the 3rd U.S. Circuit Court of Appeals, continues to face harsh criticism from Democrats, but Senate Republicans want to confirm him this week.

Bove has previously represented Trump in criminal cases during the 2024 election cycle and currently serves as principal associate deputy attorney general.

Democrats point to whistleblower allegations that, while serving as an official in the Justice Department, Bove urged lawyers to ignore court orders blocking deportations of illegal aliens.

Bove has denied those allegations, while clarifying that he has “said things encouraging litigators at the department to fight hard for valid positions.”

Sen. Sheldon Whitehouse, D-R.I., is among the Democrats vociferously opposing Bove, whom he calls a “thug.”

“A person with a bad nature like this is going to keep their bad nature on the court,” he said in a video posted to the social media platform X on Tuesday.

Democrat senators have additionally accused Bove of lying to them about the dropping of corruption charges against New York City Mayor Eric Adams, who Bove says did not receive a deal in exchange for complying with Trump’s policies on illegal immigration.

Republicans in the Senate are pressing ahead with Bove’s confirmation, generally viewing the accusations as politically motivated smears.

A spokesperson for Sen. Chuck Grassley, R-Iowa, who chairs the Senate Judiciary Committee, said that accusations against Bove “reek of a bad-faith attempt to sink a nominee.”

Sen. Eric Schmitt, R-Mo., agrees.

“In a familiar pattern, desperate Democrats and their media allies have unleashed unsubstantiated allegations against Mr. Bove,” Schmitt wrote on X on Tuesday. “By confirming Bove, we show them these smear campaigns no longer have power.”

But some Republicans in the chamber are sending signals they might oppose Bove’s confirmation. Last week, Republican Sens. Susan Collins of Maine and Lisa Murkowski of Alaska sided with all Democrats in opposing a motion to proceed with Bove’s nomination. The procedural vote ultimately passed 50-48.

Collins has said she thinks Bove “would not serve as an impartial jurist.”

Republicans can afford to lose only three votes within their Senate ranks against Bove, with Vice President JD Vance’s tiebreaking vote available if needed. The fight to confirm Bove is part of a larger judiciary battle for Republicans, as Trump has faced hurdles in his efforts to confirm Alina Habba as United States attorney for the district of New Jersey, as well.

The 3rd U.S. Circuit Court of Appeals, based in Philadelphia, serves the states of Pennsylvania, New Jersey, and Delaware, along with the U.S. Virgin Islands.