Today, Explained: "The Trumpiest Judge Yet" – Detailed Summary

Release Date: July 31, 2025
Hosts: Ian Millhiser and Senator Schiff
Network: Vox Media Podcast Network

1. Introduction: Trump's Controversial Judicial Appointment

In the latest episode of Today, Explained, hosts Ian Millhiser and Senator Schiff delve into the contentious appointment of Emil Bovey, dubbed "the Trumpiest judge yet," to the United States Court of Appeals for the 3rd Circuit. This nomination has stirred significant debate, highlighting concerns about the judiciary's independence and potential shifts in legal interpretations under Trump's influence.

Notable Quote:
Ian Millhiser (00:03): “Donald Trump just appointed his Trumpiest judge to date. A hardcore Trumper and one of his many personal lawyers to the second most important court in the country.”

2. Emil Bovey: Background and Qualifications

Emil Bovey, whose name has been a focal point of criticism, was characterized by Senator Schiff as "just about the worst nominee to the bench that Donald Trump has ever made" (00:26). His close ties to Trump, including serving as one of Trump's personal defense lawyers during Trump's own criminal cases, raise questions about his objectivity and adherence to the rule of law.

Notable Quote:
Senator Schiff (03:18): “I'm not anybody's henchman. I'm not an enforcer. I'm a lawyer... The problem is that he is an ultra Trump loyalist who does the sorts of things that ultra Trump loyalists do and is not necessarily a reliable movement conservative who will do the sorts of things that reliable movement conservatives do.”

3. Controversial Cases and Judicial Conduct

Bovey's tenure as an assistant U.S. attorney has been marred by allegations of misconduct. Senator Schiff highlighted instances where Bovey "inappropriately pressured elected officials" and exhibited poor leadership qualities, including a bad temper that led to an investigation recommending his demotion (02:09).

Notable Quote:
Senator Schiff (02:09): “The concern is that he used the criminal justice system to inappropriately pressure elected officials.”

4. The Eric Adams Case: A Case Study in Judicial Overreach

One of the pivotal moments in Bovey's career was his handling of the Eric Adams case. Mayor Adams faced serious corruption charges, which were swiftly dropped by the Trump administration’s Justice Department after Adams allegedly gained favor with Trump. Bovey's role in this decision led to the resignation of seven Justice Department lawyers in protest (04:35).

Notable Quote:
Senator Schiff (04:35): “Mr. Bovee didn't just lead up the effort to pressure Mayor Adams in this way. But seven Justice Department lawyers, including the U.S. attorney in the Southern District of New York, all resigned in protest over his actions.”

5. Immigration and the Shadow Docket: Expanding Executive Power

Bovey has also been implicated in controversial immigration policies, including efforts to deport immigrants to third countries without proper hearings. His suggested rhetoric, such as telling courts to "fuck you" and defy orders if deportations are blocked, underscores the aggressive stance he advocates (05:06).

Notable Quote:
Senator Schiff (05:14): “Mr. Bovee didn't just lead up the effort to pressure Mayor Adams in this way...”

6. The Role of the 3rd Circuit and Supreme Court Ambitions

Appointed to the United States Court of Appeals for the 3rd Circuit, Bovey's position is seen as a strategic step towards potential Supreme Court nomination. Senator Schiff expressed concern that the Senate’s current composition allows Trump to advance such nominees with minimal checks (07:11).

Notable Quote:
Senator Schiff (07:38): “He took on the job as Trump's personal attorney. Working that closely with Donald Trump seems to have radicalized him.”

7. The Shadow Docket: A Tool for Expedited Judicial Decisions

The episode also explores the Supreme Court's increasing reliance on the shadow docket, a mechanism for fast-tracking decisions without full deliberation. This trend began during the Trump administration, with a surge in cases handled via the shadow docket, often resulting in decisions favoring Trump’s agenda.

Notable Quote:
Senator Schiff (14:34): “The shadow docket refers to asking the court to rule very, very quickly on cases that in the past, they would normally give it a lot of time to percolate in the lower courts before they stepped in.”

8. Notable Shadow Docket Cases and Implications

Two particularly alarming cases were discussed:

• Department of Homeland Security v. Dvd: The Supreme Court permitted the deportation of individuals to third countries without adequate hearings, effectively bypassing the Convention Against Torture.

  Notable Quote:
  Teffy (18:46): “The Supreme Court has prevented the lower court from requiring the government to afford them notice and an opportunity to challenge their removal to a third country.”

• McMahon v. New York: The court upheld Trump’s efforts to dismantle the Department of Education by allowing mass firings without legislative approval.

  Notable Quote:
  Senator Schiff (19:09): “He is getting big, big victories, canceling treaties, potentially eliminating entire federal departments. And he's winning all this on the shadow docket...”

9. Future Prospects and Potential Reforms

Senator Schiff emphasized the need for congressional intervention to curb the Supreme Court’s partisan tendencies. Without checks, nominees like Bovey could ascend to the Supreme Court, perpetuating a cycle of judicial decisions aligned with Trump’s policies.

Notable Quote:
Senator Schiff (25:25): “Realistically, though, I think it's going to require a sustained effort by Congress to keep to get this court in line.”

10. Conclusion: The Judiciary at a Crossroads

The appointment of Emil Bovey and the Supreme Court's utilization of the shadow docket represent significant shifts in the American judiciary. The episode underscores the critical need for vigilance and potential legislative action to preserve the judiciary's independence and uphold the rule of law.

Closing Remark:
Ian Millhiser (26:11): “It's Today Explained.”

Key Takeaways:

• Emil Bovey's appointment raises alarms about judicial loyalty and independence.
• Controversial cases handled by Bovey showcase potential abuses of power.
• The shadow docket poses challenges to transparency and deliberative justice.
• Congressional action may be necessary to restore balance and integrity to the judiciary.

For listeners seeking a comprehensive understanding of the evolving dynamics within the judiciary and its implications for American democracy, this episode of Today, Explained provides an in-depth analysis backed by expert insights and critical discussions.