I was away on vacation last week when the Senate, by a vote of 50 to 49, confirmed President Trump’s nomination of Emil Bove to a Third Circuit seat in New Jersey. Two Republican senators, Susan Collins and Lisa Murkowski, voted no (and a third, Bill Hagerty, wasn’t present for the vote). Now that I’m back, I figured I’d offer some brief closing observations on the matter:
1. My serious doubts that Bove has the character and integrity to be worthy of confirmation to the federal bench were intensified by whistleblower Erez Reuveni’s charges against Bove. The evasive and deceptive responses by Bove, Attorney General Pam Bondi, and Deputy Attorney General Todd Blanche bolstered the case against his confirmation.
2. As someone who broadly wants Trump to succeed, I believe that he benefits from not being able to indulge the worst advice that he receives. That’s why I opposed his initial decision to nominate Matt Gaetz as Attorney General. That’s why I rejected the cockamamie scheme to recess-appoint Cabinet officers at the outset of his term. That’s why I criticized his Alien Enemies Act follies (which accomplish nothing that couldn’t be done through other immigration authorities). And that’s why I opposed the Bove nomination.
Because Senate Republicans have waved Bove through the process, Trump will receive the message that they will confirm anyone he nominates to a judicial position. In most instances, that won’t be a problem: I have very high regard for Trump’s other judicial nominees so far (at least those with whom I’m familiar). But it’s a very bad message if a Supreme Court vacancy arises, as it increases the odds that Trump will nominate someone whose primary qualification is perceived fealty to him.
3. Some folks whose judgment I respect think that Bove will turn out to be a fine Third Circuit judge. I hope they’re right. It helps that he will be far removed from Trump’s orb and unlikely to be in a position to matter on anything of significance to the Administration.