Is Emil Bove the face of a new MAGA judiciary?

Summary

Consider This from NPR
Episode: Is Emil Bovey the Face of a New MAGA Judiciary?
Release Date: July 21, 2025

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Introduction

In this episode of NPR's Consider This, host Juana Summers delves into the contentious nomination of Amel Bovey to the federal court of appeals, examining whether his appointment signifies the emergence of a new MAGA-influenced judiciary. With political tensions running high, the episode unpacks the key players, the nomination process, and the broader implications for the U.S. judicial system.

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Background on Amel Bovey's Nomination

Juana Summers opens the discussion by highlighting the unusual proceedings of the Senate committee vote regarding Bovey's nomination:

[00:06] Chuck Grassley: "We'll go to Bovey's nomination. The clerk will call the roll."

This swift move bypassed extensive debate, prompting Democratic Senators Cory Booker and Maisie Hirono to protest:

[00:10] Kerry Johnson: "Mr. Chairman. Point of personal privilege."

Senate Judiciary Committee Proceedings
Democrats voiced strong opposition, walking out in protest as Republicans advanced Bovey's nomination unanimously:

[00:48] Kerry Johnson: "This is a kangaroo court."

Political Dynamics and Contention

Amel Bovey's DOJ Tenure
Bovey's tenure at the Department of Justice (DOJ) has been marked by significant departures from established norms under the Trump administration. Key controversies include:

• Pardoning January 6th Participants: Bovey played a role in the DOJ's decision to pardon individuals involved in the January 6th Capitol riot.
• Dropping Prosecutions: He was instrumental in halting the prosecution of New York Mayor Eric Adams, raising questions about political motivations.

Allegations of Undermining Court Orders
Whistleblowers have accused Bovey of instructing subordinates to possibly defy court orders, further fueling Democratic concerns.

Opposition from Democrats

Ranking Member Dick Durbin's Stance
During the confirmation hearing, Senator Dick Durbin emphasized that his objections were not rooted in judicial philosophy but in concerns over Bovey's actions:

[01:45] Durbin: "These objections are not about the nominee's judicial philosophy."

Durbin questioned President Trump's criteria for selecting Bovey:

[02:02] Durbin: "President Trump cares little about statutory interpretation and the original meaning of the Constitution. He is looking for loyalty. He is looking for fierce retribution. He is looking for someone who will instill fear in his opponents."

Republican Support and Rationale

Senate Judiciary Committee Chairman Chuck Grassley's Defense
Grassley dismissed Democratic concerns, framing the opposition as politically motivated:

[01:31] Grassley: "What we're witnessing has all the hallmarks of a political hit job. Time for maximum media splash with minimum substance."

He further asserted that Bovey's willingness to testify under oath affirmed his credibility:

[01:20] Grassley: "He's ready to stand before you, raise his right hand, take an oath and testify under oath. What more can you ask about credibility than that?"

Comparison to Trump's First-Term Judicial Appointments

Shift from the Federalist Society
During his first term, President Trump heavily relied on the Federalist Society to appoint originalist judges, which led to the confirmation of over 200 judges, establishing a strong conservative presence in the judiciary.

Bovey's Divergence from Past Patterns
Unlike his predecessors, Bovey is not affiliated with the Federalist Society. Instead, his nomination appears to prioritize loyalty and alignment with Trump's aggressive policy agenda over traditional judicial philosophies.

[06:58] Kerry Johnson: "That's what worries Greg Nunziota, who helped advance judicial nominees as a Republican Senate aide. He now works as executive director at Society for the Rule of."

Reasons for Trump's Departure from the Federalist Society
The breakdown between Trump and the Federalist Society, particularly after Trump publicly criticized its leader Leonard Leo, reflects a shift towards appointing judges perceived as staunchly loyal to his administration.

[08:24] Kerry Johnson: "Trump went so far as to attack Leonard Leo, the longtime Federalist Society official, in a social media post this year. As he was losing in the lower courts, Trump called him a sleazebag."

Implications for the Federal Judiciary

Potential Long-Term Effects
While a single appointment like Bovey's might not drastically alter the appellate court's balance, it signifies a possible trend towards more politically driven judicial nominations. Experts caution that this could undermine judicial independence and lead to more outcome-driven rulings.

[09:34] Kerry Johnson: "He advises that judges may be delaying their retirement so their replacements are not picked by Trump."

Supreme Court Considerations
The episode highlights that future Supreme Court vacancies could have more substantial impacts, with potential nominees having significant influence over critical legal interpretations.

[09:24] Kerry Johnson: "When the president gets a vacancy on the Supreme Court, that nominee could have a lot more influence."

Expert Opinions and Concerns

Stacey Young's Critique
Former DOJ lawyer Stacey Young voiced strong opposition to Bovey's confirmation, linking it to broader issues within the DOJ:

[06:30] Stacey Young: "By voting to confirm Emil Bovey to a lifetime appointment, they would be doing more than just placing someone problematic on the bench."

[06:42] Stacey Young: "Approval on everything that's happened at DOJ in the last six months, and that is simply unacceptable."

Greg Nunziota's Insights
As an executive director at the Society for the Rule of Law, Nunziota expressed concern over the deviations from traditional judicial nomination processes:

[07:24] Kerry Johnson: "That's what worries Greg Nunziota..."

Conclusion

The nomination of Amel Bovey represents a potential pivot in President Trump's judicial appointment strategy, moving away from the Federalist Society's vetted originalist candidates towards individuals prioritized for loyalty and alignment with his administration's objectives. This shift raises significant concerns about the future independence and integrity of the federal judiciary, especially as lifetime appointments ensure long-lasting impacts on American jurisprudence.

Juana Summers wraps up the episode by emphasizing the broader stakes involved in judicial confirmations and the enduring influence these appointments will have on the legal landscape.

[02:27] Juana Summers: "From NPR, I'm Juana Summers."

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Notable Quotes with Speaker Attribution and Timestamps

• Chuck Grassley
  [00:06]: "We'll go to Bovey's nomination. The clerk will call the roll."
  [01:31]: "What we're witnessing has all the hallmarks of a political hit job. Time for maximum media splash with minimum substance."
  [01:20]: "He's ready to stand before you, raise his right hand, take an oath and testify under oath. What more can you ask about credibility than that?"

• Kerry Johnson
  [00:48]: "This is a kangaroo court."
  [02:02]: "President Trump cares little about statutory interpretation and the original meaning of the Constitution. He is looking for loyalty. He is looking for fierce retribution. He is looking for someone who will instill fear in his opponents."

• Stacey Young
  [06:30]: "By voting to confirm Emil Bovey to a lifetime appointment, they would be doing more than just placing someone problematic on the bench."
  [06:42]: "Approval on everything that's happened at DOJ in the last six months, and that is simply unacceptable."

• Juana Summers
  [02:27]: "From NPR, I'm Juana Summers."

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Key Takeaways

• Amel Bovey's Nomination: Seen as a departure from Trump's initial reliance on the Federalist Society, Bovey's confirmation is met with significant Democratic opposition due to his involvement in controversial DOJ actions.

• Political Tensions: The unanimous Republican vote to advance Bovey amidst Democratic protests underscores the deep partisan divides surrounding judicial appointments.

• Future Implications: While Bovey's appointment alone may not drastically shift the appellate courts, it signals a potential trend towards more politically aligned judicial nominees, with possible long-term effects on the judiciary's independence and function.

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For more insights and updates, stay tuned to NPR's Consider This.

Transcript

[Juana Summers]

This isn't usually how Senate committee votes go.

[Chuck Grassley]

We'll go to Bovey's nomination. The clerk will call the roll.

[Kerry Johnson]

Mr. Chairman. Mr. Chairman. Point of personal privilege.

[Juana Summers]

Mr. Chairman. According to rule four of the committee, we have the right to continue to debate this nomination. There's a lot going on here, so let's unpack it. You're hearing Democratic Senators Cory Booker and Maisie Hirono arguing with the Republican chair of the Senate Judiciary Committee, Chuck Grassley. While that's going on, the clerk is calling on senators one by one. And Republicans are voting in favor of advancing the nomination of Justice Department attorney Amel Bovey to a federal court of appeals. This continues as all of the Democrats walk out in protest. Why are you doing this? This is outrageous.

[Kerry Johnson]

This is a kangaroo court. That's all we have here. This is.

[Juana Summers]

As the drama suggests, Democrats are strongly opposed to Bovey's nomination. In just a few months at DOJ bov, Bovey has been a player in some of the Trump administration's biggest breaks with norms. The pardoning of January 6th rioters, the dropped prosecution of New York Mayor Eric Adams. There were also charges from a whistleblower that Bovey told subordinates they might have to defy court orders. Democrats wanted the committee to hear from him. Here's ranking member Dick Durbin.

[Chuck Grassley]

He's ready to stand before you, raise his right hand, take an oath and testify under oath. What more can you ask about credibility than that?

[Juana Summers]

Grassley dismissed the report.

[Chuck Grassley]

I've seen a lot of confirmation fights. What we're witnessing has all the hallmarks of a political hit job. Time for maximum media splash with minimum substance.

[Juana Summers]

And Republicans voted 12 to 0 to advance the nomination. At Bovey's confirmation hearing, Durbin argued that his objections were not about the nominee's judicial philosophy.

[Chuck Grassley]

Elections have consequences, so I expect to see conservative judicial nominees coming from this administration.

[Juana Summers]

Durbin suggested that President Trump didn't pick Bovey for his legal views at all.

[Chuck Grassley]

President Trump cares little about statutory interpretation and the original meaning of the Constitution. He is looking for loyalty. He is looking for fierce retribution. He is looking for someone who will instill fear in his opponents. It seems he has found such a nominee in Mr. Bovey.

[Juana Summers]

Consider this. During his first term, Trump appointed scores of originalists to the federal bench, a victory for the conservative legal movement. This time around, the AML Bovey nomination signals Trump may be looking for a different sort of judge. From npr, I'm Juana Summers.

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[Juana Summers]

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[Juana Summers]

It'S consider this from npr. President Trump helped reshape the federal courts during his first term in office, and he relied heavily on the Federalist Society in that effort, which helped him zero in on judges with a conservative, originalist interpretation of the Constitution. Now the nomination's machinery is restarting, and Trump's most controversial judicial nominee is only one step away from the federal bench. I'm joined by NPR's Carrie Johnson for a look at what email Bovey could tell us about Trump's approach to judges in his second term. Kerry, welcome.

[Kerry Johnson]

Hi, Juana.

[Juana Summers]

So, Kerry, start if you can, by just telling us who Amel Bovey is and why his nomination is so controversial.

[Kerry Johnson]

Well, he's got some pretty strong credentials. He graduated from Georgetown Law School, did a couple of clerkships with conservative federal judges, and then got a job in what might be the most prestigious U.S. attorney's office in the entire country, in Manhattan. And of course, he went on to defend Donald Trump in his various criminal cases. The White House communications director says Amel Bovey's supremely qualified and a man of integrity. He says there's nobody more capable for the U.S. court of Appeals for the Third Circuit. And at his confirmation hearing, Bovey told senators he's been missing I am not anybody's henchman. I'm not an enforcer. I'm a lawyer from a small town who never expected to be in an arena like this. But Bovey also ran into some complaints from colleagues and defense lawyers.

[Juana Summers]

Right. And if I understand Kerry, he's also had an outsized role in his brief time at the Department of Justice. Is that right?

[Kerry Johnson]

He's the right hand man to the deputy attorney general, which basically means all the day to day management of the Justice Department, both the big cases and policies. All of that ends up on his desk. And there's been a lot going on this year, from firing prosecutors who worked on those January 6th cases to walking away from the corruption case against New York City's Mayor Eric Adams. A federal judge said the decision to drop that case smacked of a bargain where DOJ would move to dismiss the case and Mayor Adams would help advance Trump's aggressive deportation agenda. 900 former Justice Department lawyers have urged the Senate to vote no on Amel Bovey. I spoke with Stacey young, who spent 18 years in Inside the DOJ. She now runs a group that connects people there with legal and ethics advice.

[Stacey Young]

By voting to confirm Emil Bovey to a lifetime appointment, they would be doing more than just placing someone problematic on the bench.

[Kerry Johnson]

They would be giving their stamp of.

[Stacey Young]

Approval on everything that's happened at DOJ in the last six months, and that is simply unacceptable.

[Juana Summers]

Kerry, we know that President Trump appointed a whole lot of judges during his first term. So how does Bovey compare?

[Kerry Johnson]

During Trump's first term, Trump confirmed more than 200 judges with help from Senator Mitch McConnell, largely relying on a list the Federalist Society helped create. But Bovey's not a member of the Federalist Society. He's loyal to Trump and close to people in the White House, though. That's what worries Greg Nunziota, who helped advance judicial nominees as a Republican Senate aide. He now works as executive director at Society for the Rule of.

[Juana Summers]

I think there are reasons all Americans should be concerned about judges coming to the bench with political agendas and outcome motivated orientation to judging that should concern everybody. It's especially notable that President Trump is breaking with the Federalist Society here because that group has been just extremely successful at stacking the federal bench with very conservative judges. Right.

[Kerry Johnson]

That success helped culminate in a 6 to 3 conservative super majority on today's Supreme Court. That effort began over a generation ago in law schools, and it continued all the way through Donald Trump's first term in office, where nominees with conservative track records were closely vetted, their writings were tracked. The idea was to ensure these very conservative lawyers would stay conservative and avoid the kind of drift that, say, former Justice David Souter and former Justice Sandra Day o' Connor may have represented.

[Juana Summers]

Right. Okay. Well, I mean, given the fact that the federal society has been so successful, tell us why Trump soured on it.

[Kerry Johnson]

I think there's a simple reason. There are hundreds of cases that have been filed against the Trump administration this year challenging his policies, his immigration agenda, the efforts to remake the federal government. And the president has really been frustrated with lower court judges who ruled against him, judges that were appointed by both Democratic and Republican presidents. Trump went so far as to attack Leonard Leo, the longtime Federalist Society official, in a social media post this year. As he was losing in the lower courts, Trump called him a sleazebag.

[Juana Summers]

And we'll just point out here that judges are supposed to be independent of the president who appointed them. They're not political actors. Kerry Johnson, how do you expect this to shape the judiciary given the fact that these are lifetime appointments?

[Kerry Johnson]

Now, the Senate has already confirmed Trump's first federal judge. Several more are in the pipeline. There are fewer judicial vacancies now than in Trump's first go round in the White House. And there's also some evidence judges may be delaying their retirement so their replacements are not picked by Trump.

[Juana Summers]

Hmm. I mean, there are hundreds of federal judges. Bovey is just one person. So is his confirmation really likely to make a difference in how Trump's policies fare in court?

[Kerry Johnson]

You know, this is a fair point. I've been talking with experts. They tell me appeals court judges sit on panels of three. So any one judge is not going to tip the balance of power. But if and when the president gets a vacancy on the Supreme Court, that nominee could have a lot more influence. It's not clear Emil Bovey would be at the top of Trump's list, but people in the legal community tell me they think it's a possibility. Trump has been winning a lot this year in the Supreme Court, and that's ultimately where this matters.

[Juana Summers]

NPR's Carrie Johnson. Thank you.

[Kerry Johnson]

My pleasure.

[Juana Summers]

This episode was produced by Connor Donovan. It was edited by Anna Yukonanov and Courtney Dorning. Our executive producer is Sami Yenigun. It's Consider this from npr. I'm Juana Summers.

[Stacey Young]

Hi. It's Catherine Marr, CEO of npr. Federal funding for public media has been eliminated. That means that the NPR network is moving forward in an uncharted future. But our commitment to you will never waver. Please give today to support the kind of journalism that democracy relies upon. Make your [e-mail] thank you. When you walk into NPR headquarters, one of the first things you see is a big map of the country covered with little blue dots. Each dot represents a local public radio station. That's the NPR Network. I'm Catherine Marr, CEO of npr. With federal funding for public media eliminated, your network is under serious threat. Help us plan for the road [e-mail].

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