greggnunziata.bsky.social
Executive Director of the Society for the Rule of Law. Philadelphia Lawyer. Former counsel to Senate Republicans.
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As an executive branch official, Bove has proven he cannot honor his oath or put law before politics. Putting him in a robe, with life tenure and a much higher obligation to serve law over politics, would be an obscenity. The Senate must reject this nomination.
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It's a regional point of pride that the 3d Circuit is so congenial, across partisan divides. Liberal judges testified in favor of Alito's SCOTUS confirmation. Hardiman, a Trump SCOTUS short-lister is beloved by his colleagues. Bove is cut from a different cloth.
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Obviously, no Dem would turn in a blue slip for Bove, but no R would accept someone like this either, at least in the pre-nomination period. He's a WH loyalist with limited ties to the 3d Cir and tonally completely off what we Philly lawyers have come to expect from that Court.
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I have mixed feelings about blue slips as applied to circuit court judges. Senators have abused them (best example is MD's senators keeping a seat open for 8 years, including objecting to a nominee, Rod Rosenstein, for being too good). But this is the downside of abandoning them.
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It's also worth noting that a nomination like this would have been impossible under the blue slip regime that existed just a few years ago, where home-state senators would have had an effective veto.
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This is not about Right or Left. I'm very proud of my work to confirm conservative judges. This is about confirming only people who understand the judicial role and not degrading our judiciary with partisan hacks and presidential toadies. This is the Senate's Constitutional job.
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I'm a former chief nominations counsel to Senate Republicans. Confirming principled conservatives who look to the law, not politics, has been much of my life's work. Emil Bove is the opposite of that, and it should be no comfort that his politics are Right rather than Left.
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An unpleasant chapter in my Senate service was George W Bush's decision to nominate a loyalist, not a proven constitutionalist, to the Supreme Court. It divided the Right. But conservatives opposed the president to historic effect. It's time to do so again.
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I spent much of my career working to confirm conservative judges grounded in principle, textualism, and originalism. The GOP was largely aligned with that mission. Today, Trump turns away from it, in a bid to politicize the judiciary for the Right. He must be stopped.
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Many of my friends on the legal right who disagreed with my view of Trump insisted that we should expect Trump 2.0 judicial nominations to continue the generally excellent trend of Trump 1.0. If he didn't, they said, conservatives would oppose him. He hasn't. The test is here.
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Conservative lawyers who have excused and enabled Trump often have done so with a "but Judges!" excuse. They've lost that excuse. It's time to put principle before expedience. It's time for some courage. It's time to say "no" to Trump.
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I sincerely hope your labors prove to be a waste of time!
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The work goes on, but today was a good day for the rule of law.
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As a citizen, I'm grateful for the work of a broad coalition of Americans, especially conservatives and members of @chkbal.bsky.social, who spoke out against this outrageous nomination. As a former Senate nominations counsel, I'm thankful for the senators who honored their oaths.
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As we at the Society for the Rule of Law Institute said in our letter to the Judiciary Committee, confirming Mr. Martin would "abandon core Congressional responsibilities, and tip our country further away from the promise of our founding." It's a great relief this did not come to pass.