Dem
47
GOP
53
After tossing Michael Cohen in the garbage, Donald Trump needed a new hatchet man and picked Emil Bove for the job. Bove was #2 on the team that defended Trump in the New York case where Trump was convicted on 34 counts of cooking the books. Trump has now nominated Bove to the U.S. Court of Appeals for the Third Circuit, in preparation for a potential nomination to the Supreme Court when the next vacancy occurs. Bove is now principal deputy attorney general. He has already demonstrated his bona fides by being the lead player in the corrupt deal to blackmail New York City Mayor Eric Adams into helping round up migrants. The Third Circuit covers Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands.
Bove was also involved in the Kilmar Abrego Garcia case. At a meeting in March with DoJ officials, when the possibility was raised that the courts might block Garcia's deportation, Bove swore and said the administration would just ignore the courts.
Bove's fealty is entirely to Trump, not to the Constitution or the law. Minority Leader Chuck Schumer (D-NY) called Bove "the extreme of the extreme of the extreme" and "Trump's worst judicial nominee to date." Ranking member of the Judiciary Committee Dick Durbin (D-IL) said Bove has used his DoJ position "to weaponize the Department of Justice against the president's enemies." A letter from 75 former state and federal judges stated that Bove is not fit to be a federal judge. Another letter from over 900 former DoJ attorneys said the same thing.
On Tuesday, the Senate voted 50-48 to advance his nomination to a floor vote. Every Democrat and Sen. Lisa Murkowski (R-AK) voted against the advancement. Sen. Susan Collins (R-ME) voted "yes" on the procedural vote, despite being concerned, but said she will vote against Bove for confirmation. Even if Murkowski and Collins vote against confirmation, the votes appear to be there.
Here is a little note on upcoming Supreme Court retirements. Everyone is expecting Justices Samuel Alito and Clarence Thomas to retire next June. However, that might not be correct. Alito is an extreme right-wing Trumper who hates Democrats and clearly wants to retire while Trump is in office and the Republicans control the Senate. He knows that if the Democrats take over the Senate on Jan. 3, 2027, no judicial appointments will be confirmed for 2 years. A Democratic Senate might decide that its role is advise and consent, with an emphasis on the advise part. It could give Trump a list of, say, five judges and announce that any one of them would be confirmed quickly. Anyone else—well, no, forget it. Alito is no gambler and so will almost certainly go back to his beach house to fly his favorite flag before Jan. 3, 2027, probably next June to give the Senate time to process the nomination (which will be a huge fight if it is Bove).
Thomas also hates Democrats and also wants Trump to replace him when the time comes, but he has another factor to consider that Alito doesn't. Alito has been on the Supreme Court for 18 years. As of June 2026, Thomas will have been on the Court for just over 33½ years. On Jan. 3, 2027, it will be 35 years and 72 days. The all-time record is William Douglas' 36 years and 209 days. If Thomas hangs on, he will pass Douglas and become the longest-serving justice in history in May 2028, when Trump will still be president, but there is a small chance the Democrats will control the Senate.
Which is more important to Thomas: being replaced by a Republican president, or showing up all those people who hate him by setting the record for the longest-serving justice in history? Is his true loyalty to himself or to the Republican Party? There is certainly a possibility he will take his chances on control of the Senate next year and decide to stick it to his enemies and not retire until after the term in June 2028. He will turn 80 on June 23, 2028, a nice time to go. If Democrats then control the Senate, the vacancy will continue until Jan. 20, 2029. If Republicans control both the White House and the Senate in 2029, he could yet be replaced by a Republican. This is a gamble Thomas might be willing to take. For these reasons, Alito may be the first to go and Bove could replace him, with Thomas' seat in doubt until later, depending on who controls what and when. (V)