President Donald Trump appointed 54 federal appellate judges during his first presidential term. These judges span a variety of personal backgrounds, professional experiences, ages, and, to some extent, even ideological views. They are, as a general matter, the finest group of appellate judges any president has ever appointed.
Having played a role in vetting and recommending some of these judges to the president—all of whom had the support of Federalist Society stalwarts—I am baffled by the conservative opposition to President Trump’s nomination of Emil Bove to the United States Court of Appeals for the Third Circuit. Bove is right down the fairway of President Trump’s exceptional judicial appointments. And the points conservatives have made against his nomination are not persuasive.
The affirmative case is straightforward. Bove is an accomplished attorney who currently serves as one of the highest ranking officials at the United States Department of Justice (DOJ). He came to this job after taking enormous personal risk to represent the president in various criminal proceedings. And before that, Bove spent nearly a decade as a prosecutor in the Southern District of New York—the most “prestigious” such office, at least in his critics’ eyes. Bove graduated from a top law school (Georgetown) and clerked for a highly-regarded judge (Richard Sullivan) whom President Trump elevated to the appellate bench during his first presidential term.
This is a distinguished resume. It exceeds on every metric the backgrounds of many past appellate nominees from both parties. If I had any complaint, it would be to wish that Bove’s extensive time as a prosecutor were balanced with more experience on the defense side; but I expect that Bove’s time representing President Trump in the most politically charged of matters gave him a deep appreciation for the potential in our criminal justice system for overreach and abuse.
Given Bove’s self-evident qualifications and selection by a president with the greatest judicial selection track record in modern times, the case against him would need to be exceptionally strong to justify conservative opposition. It is not.
The foremost criticism seems to be that Bove has been too dogged in pursuing the president’s agenda at the Justice Department—sometimes over the objections of the department’s career staff. For conservatives who believe the president has the right—indeed the obligation—to control the executive branch, this is a confusing objection. Past Republican administrations have been bedeviled by senior DOJ leaders (think James Comey) who considered themselves a law unto themselves. Tolerance of such insubordination disregards our constitutional structure, weakens the presidency, and undermines our political system.
Bove’s adoption of the opposite posture—chain of command and accountability to the elected president—is what conservatives have long advocated. We should praise Bove for his fidelity to our constitutional structure, not criticize him for failing to “stand up to” the president he serves and whom the people elected. And if the Eric Adams case is the prime objection to Bove’s execution on the administration’s agenda, that is thin gruel. The Adams case was fatally flawed from the start, as I explained immediately after it was filed.
Not only that, but it takes great courage to execute presidential priorities in the current climate. Like many of President Trump’s senior appointees, Bove has faced withering criticism in the press. He is more battle tested—and has demonstrated greater independence from the conventional wisdom—than any law professor or big law partner. And in facing such attacks, Bove has demonstrated the fortitude required to be a strong and independent judge.
President Trump has begun his second term with judicial nominations that are as stellar as those that populated his first. This is terrific news for legal conservatives. The best course is to praise the president for his steadfast commitment to strengthening the courts rather than nitpick his nominees based on thin attacks. Bove is an excellent choice by a president with a proven track record of excellent choices. He should be confirmed.
James Burnham served as senior associate counsel to the president (2017), deputy assistant attorney general (2018-20), counselor to the attorney general (2020), and the general counsel of the U.S. DOGE Service (2025). He is now principal at King Street Legal PLLC.
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