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The Trump judge wars are back

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President Donald Trump’s first term was marked by a contentious and ultimately wildly successful campaign to overhaul the federal judiciary — one that dominated the Senate floor calendar for nearly four years straight and occasionally exploded in partisan fury.

Now, with Trump dealing with unpredictable foreign crises and a sprawling domestic policy megabill, judge nominations have been almost an afterthought in the White House and on Capitol Hill.

That changed Wednesday, when Emil Bove — Trump’s former personal lawyer, now a top Justice Department official — appeared for the Senate Judiciary Committee for a fiery hearing on his nomination to an appeals court judgeship.

The decision to nominate Bove, and the apparent willingness of Republican senators to fall in line behind him, suggests Trump is embracing a new kind of judicial pick as he continues to face significant resistance to his governing decisions in the federal courts.

Bove, 44, faced intense questioning from panel Democrats who pressed on his loyalty to the president as reflected not only in his private representation of Trump but his actions as principal associate deputy attorney general. Those include dismissing prosecutors tied to cases involving the Jan. 6 Capitol riot, ending the corruption prosecution of New York City Mayor Eric Adams and pursuing the administration’s deportation agenda.

“Bove has led the effort to weaponize the Department of Justice against the president’s enemies,” said Illinois Sen. Dick Durbin, the top Judiciary Democrat. “Having earned his stripes as a loyalist to this president, he’s been rewarded with a lifetime nomination.”

The tenor of Wednesday’s hearing suggested that there is no detente in sight in the escalating partisan fight over federal judges, which reached a crescendo in 2018 with the searing confirmation battle over Supreme Court Justice Brett Kavanaugh.

The only check on the rancor might be the fact that there are relatively few judicial vacancies for Trump to fill at the moment. According to the U.S. court system, there are just about 50 across the country, the vast majority of which are on district courts. The president’s first slate of judicial nominees, including a pick for the 6th Circuit Court of Appeals, is poised to have a vote Thursday before the Judiciary Committee.

Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) greets Emil Bove, nominee to be U.S. circuit judge for the third circuit, before a hearing on Capitol Hill June 25, 2025. Deputy Attorney General Todd Blanche is seen, left of Bove.

There are, however, three Republican-appointed Supreme Court justices 70 or over who are considered possible candidates for retirement over the next three-and-a-half years. Trump’s willingness to nominate Bove — and to weather a hardball confirmation fight when a lesser-known nominee might have had an easier time — suggests he won’t hesitate to tap another loyalist when a high-court slot opens up.

With a potential lifetime appointment to the 3rd Circuit, with jurisdiction over appeals from New Jersey, Pennsylvania, Delaware, and the Virgin Islands, Bove himself could emerge as a SCOTUS short-list candidate if confirmed.

The questioning Wednesday appeared to underscore the high stakes. Democrats questioned Bove about the pardons of Jan. 6 convicts and his role in the removal of the line prosecutors who sent them to jail.

The issue was effective in sinking one prior Trump nominee: his initial pick for U.S. attorney for the District of Columbia, Ed Martin. Sen. Thom Tillis (R-N.C.), a Judiciary member up for next year, effectively tanked his chances by objecting to Martin’s comments minimizing the Capitol riot. (Tillis said Wednesday he has not yet taken a position on Bove’s nomination. “Honestly I haven’t discussed it with my staff yet,” he said.)

Democrats also seized on the Justice Department’s decision to abandon the Adams prosecution — a controversial order from Bove himself that triggered the resignation of at least 6 prosecutors in New York and Washington. In her resignation letter, then-acting Manhattan U.S. attorney Danielle Sassoon accused Bove of engaging in a corrupt deal to drop the case in exchange for the Democratic mayor’s support of Trump’s immigration policies.

Asked during the hearing to swear to his “higher being” that he didn’t make a “political deal” with Adams, Bove replied: “I swear to my higher being and on every bone in my body.”

But Bove also said that he ordered the case dismissed based on “policy considerations,” explaining that “the prosecution placed an inordinate burden on the mayor’s ability to protect the city and to campaign in an ongoing election cycle.”

Using that logic, Sen. Amy Klobuchar (D-Minn.) said, “there would be two classes of justice – one for people who are in office and one for everyone else.”

Bove also denied allegations from a former DOJ official that he suggested defying court orders for the administration’s deportation agenda.

“I am not anybody’s henchman,” Bove told senators. “I am not an enforcer. I am a lawyer from a small town who never expected to be in an arena like this.”

Republicans rallied to Bove’s defense, with the tone set early in the hearing by Judiciary Chair Chuck Grassley (R-Iowa), who noted that the nominee had seen an “intense opposition campaign” and extolled his credentials as a former prosecutor.

Democrats, on the other hand, cast the fight over Bove’s nomination as one of grave significance for the rule of law, echoing a familiar fight from Trump’s first term. Indeed, federal judges appointed by presidents of both parties have been some of the most effective checks on Trump’s power early in his second term — much to the president’s frustration.

Yet Democrats have little power to stop Trump’s nominees so long as Republican senators stick together. With a 53-vote Senate majority, GOP leaders can lose several votes and still confirm Trump’s picks with Vice President JD Vance as a tie-breaker.

Bove, left, and Todd Blanche leave the federal courthouse in Washington after a Sep. 5, 2024, hearing on the federal election subversion prosecution of Donald Trump. Bove and Blanche now hold senior leadership positions at the Justice Department.

Democrats also lack the benefit of the “blue slip” policy that gives home-state senators effective veto power over court nominees. Republicans abandoned the practice for circuit judges during Trump’s first term, one of the procedural changes in the Senate that allowed the party to confirm hundreds of judicial nominees during those four years. Democrats maintained the practice after they won control of the Senate and Joe Biden won the presidency.

Among those attending Wednesday’s hearing were Attorney General Pam Bondi and Deputy Attorney General Todd Blanche — Bove’s supervisors at the Justice Department. Blanche and Bove worked together as Trump’s criminal defense attorneys, including during last year’s criminal trial that resulted in his conviction on 34 felony counts of business fraud. Bondi defended Trump during his first impeachment trial.

Sen. Richard Blumenthal (D-Conn.) contended that Bondi and Blanche attended for the sole purpose of “whip[ping] the Republicans into shape, to make sure that they toe the line.”

“They were there to send a message to Republicans: We are watching you,” Blumenthal said during a news conference after Bove’s testimony. “They were there to watch members of this committee, the Republicans, whom they expect simply to fall into line.”

Bove wasn’t the only Trump nominee answering questions about his loyalty to the president Wednesday. Edward L. Artau, one of four district court nominees to also appear before Senate Judiciary members, was asked by Blumenthal why he did not recuse himself from a case involving Trump after he began lobbying for a federal judgeship.

Blue Light News previously reported that Artau, a state judge, was lobbying for a seat on the federal bench while he sat on a three-judge panel in Trump’s defamation case against the board of the Pulitzer Prizes.

Asked by Blumenthal why he did not recuse himself, Artau maintained that he abided by the relevant judicial conduct rule. He said he did know he was under consideration from the White House at the time he wrote the opinion.

“Had the timing been differently, then I may have handled it differently,” Artau said.

Calen Razor contributed to this report.

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Congress

Megabill threatens to languish as challenges pile up

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Republicans aren’t panicking about their fraying domestic policy bill. But they aren’t exactly sure about how it’s all going to come together, either.

Senate Republicans emerged from a closed-door lunch meeting Thursday putting on a brave face about the megabill’s progress. Yet this time last week, members were expecting revised text of the sprawling bill Monday with votes starting a couple of days later. In other words, they thought they’d be close to done by now.

Instead, Majority Leader John Thune refrained from giving his members a specific timeline during a closed-door lunch Thursday, according to three attendees granted anonymity to describe the private meeting. Senators are preparing to stay in town and vote through the weekend, but internal policy disputes and procedural roadblocks thrown up by the chamber’s parliamentarian are keeping firmer plans in flux.

A July 4 deadline being pushed by the White House hangs over Capitol Hill as the only real forcing mechanism, and some Republicans said they were glad to have it even if many others harbor doubts about whether that target can be met.

“I don’t think it gets easier to pass going longer,” said Sen. Kevin Cramer of North Dakota. “The more time we take, the more people find things they want to change.”

The latest blow for the GOP came after Senate Parliamentarian Elizabeth MacDonough warned that key Medicaid language would not comply with the strict rules that govern what can be included in a bill Republicans intend to pass along party lines using special budget rules. GOP senators expressed confidence they would be able to address MacDonough’s concerns, which some described as “technical,” and salvage the proposal.

But that, Thune acknowledged, will take time and threaten his plan of holding an initial vote Friday: “The parliamentarian’s decisions may push that back.”

Noticeably absent from the debate early Thursday was President Donald Trump, who has the bulk of his legislative agenda tied up in the bill. He returned late Wednesday from a trip to Europe and is scheduled to hold a White House event on the megabill Thursday afternoon.

His lobbying is widely seen as a necessary ingredient in getting the bill done. And for all the anxiety about the parliamentarian decisions Thursday, the more profound issue for Republicans are their internal divides about the policy provisions in the bill — particularly those dealing with Medicaid.

MacDonough’s rejection of initial language curtailing state provider taxes, which most states use to leverage federal health care dollars, emboldened the so-called “Medicaid moderates,” who believe the proposal is not ready for prime time. Nor have they been convinced by leadership’s offer of a $15 billion rural hospital fund, though negotiations are expected to force that number higher.

Sen. Josh Hawley (R-Mo.), who spoke with Trump Wednesday about the Medicaid language, said the ruling gave Republicans “a chance to get it right” and expected Trump would be more involved now that he’s “back on terra firma.”

“I think he wants this done. But he wants it done well. He doesn’t want this to be a Medicaid cut bill — he made that very clear to me,” Hawley said. “He said this is a tax cut bill, it’s not a Medicaid cut bill. I think he’s tired of hearing about all these Medicaid cuts.”

Senate Finance Chair Mike Crapo (R-Idaho) walked Republicans through MacDonough’s rulings during the closed-door lunch. Most left saying it would be relatively straightforward to tweak the proposal and keep it in the bill. Senate GOP leaders are counting on the questioned provisions to generate some $250 billion in savings to offset tax cuts and other costly items.

“I’m feeling much better after lunch,” Sen. Ron Johnson (R-Wis.) said walking out. “The parliamentarian did kind of a little bit of a hand grenade, but I’ve been encouraged by what we heard.”

The tight-lipped Crapo would not discuss details of MacDonough’s rulings Thursday. But Sen. John Hoeven of North Dakota said that, based on Crapo’s briefing, the issue had to do with a provision that would freeze provider taxes in states that have not expanded their Medicaid programs under the Affordable Care Act.

“It was a technical issue with a technical solution,” he said.

Other pitfalls remain to be seen. Republicans are still waiting for MacDonough to issue rulings on their tax plan, while other committees are waiting on final decisions on a crucial food-aid plan and other provisions they had to rework after she rejected their initial efforts.

And while senators have been focused on resolving their own disputes, they also have to be mindful of the narrowly divided House — where pockets of Republicans have continued to raise angry objections to changes their Senate counterparts have been making to the bill that passed the House last month.

No group has been more vocal than the blue-state Republicans pushing for an expansion of the state-and-local-tax deduction. They received an offer brokered by the administration Thursday that would keep the House-passed $40,000 deduction cap but lower the income threshold and change how the deduction is indexed to inflation, according to three people granted anonymity to describe the talks.

Rep. Nick LaLota (R-N.Y.) was one of several key players who poured cold water on the offer, saying that he “declined the offer to participate … in further faux-negotiations until the Senate gets real.” Sen. Markwayne Mullin (R-Okla.), a key go-between, insisted “we’re going to find a landing spot.”

For House conservatives, meanwhile, the outrage of the day was MacDonough’s new decisions axing the health care provisions — including some aimed at excluding undocumented immigrants from federal benefits. Several publicly called on senators to overrule the parliamentarian, or fire her outright — a power Thune holds.

Most Republican senators rejected that demand Thursday, warning that it would derail the reconciliation process.

“People should remember that what comes around goes around when it comes to the parliamentarian,” said Sen. Susan Collins (R-Maine), a key undecided vote. “She may rule the way you like one day, the way you don’t the next.”

Thune also rejected calls to sidestep MacDonough, though the headache could become substantially worse if Trump weighs in. So far the White House is staying out of the Senate’s procedural machinations and even Trump’s allies are signaling that he should keep quiet when it comes to MacDonough.

“I hope he doesn’t,” Cramer said.

Benjamin Guggenheim and Meredith Lee Hill contributed to this report. 

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Congress

Thune says Senate won’t overrule parliamentarian

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Senate Majority Leader John Thune said Thursday the Senate would not move to overrule its parliamentarian after she advised that including key provisions in the GOP’s domestic-policy megabill would expose it to a fatal Democratic filibuster.

After the decisions were publicized Thursday, multiple conservative Republicans called on the Senate to sideline MacDonough. But when asked by Blue Light News about overruling her, Thune said, “No, that would not be a good option for getting a bill done.”

The rulings from Parliamentarian Elizabeth MacDonough affected several major pieces of the GOP plan, including a provision that would crack down on provider taxes that states used to fund their Medicaid programs as well as measures meant to exclude undocumented residents from public benefits. Republicans are expected to try to rewrite the provisions in hopes of winning MacDonough’s blessing.

“How is it that an unelected swamp bureaucrat, who was appointed by Harry Reid over a decade ago, gets to decide what can and cannot go in President Trump’s One Big Beautiful Bill?” wrote Rep. Greg Steube (R-Fla.) on X.

“The WOKE Senate Parliamentarian, who was appointed by Harry Reid and advised Al Gore, just STRUCK DOWN a provision BANNING illegals from stealing Medicaid from American citizens,” added Sen. Tommy Tuberville (R-Ala.), also on X. “This is a perfect example of why Americans hate THE SWAMP.”

The parliamentarian rulings are crucial because Senate Republicans are seeking to use special budget reconciliation rules to avoid a Democratic filibuster and pass the bill on party lines; those rules limit such bills to strictly fiscal-related matters.

While the parliamentarian serves only as an adviser to the Senate’s presiding officer and can be overruled — or fired — members generally heed her guidance out of a bipartisan desire to preserve the filibuster for most legislation and to otherwise observe the Senate’s norms. Recently, Thune took pains to arrange a Senate vote overruling an EPA decision on California emissions standards in such a way that MacDonough would not be directly overruled.

MacDonough, who has spent more than 25 years as a Senate staffer and served as parliamentarian since 2012, has been the subject of controversy virtually any time senators have sought to use the party-line reconciliation process. Multiple Democratic lawmakers, for instance, called on the Senate to overrule her in 2021 after she advised that a minimum wage increase could not be included in their then-pending domestic policy bill.

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Congress

Senate GOP dealt major blow on megabill health care plans

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Senate Republicans are facing major new issues with their domestic policy megabill after the chamber’s parliamentarian advised senators that several provisions they are counting on to reap hundreds of billions of dollars in budget savings won’t be able to pass along party lines.

Those include of major pieces of Medicaid policy, including politically explosive plan to hold down Medicaid costs by cracking down on state provider tax — a provision that is expected to have a nine-figure impact on the bill. Republicans now will have to try to rewrite major sections of their Finance bill or potentially leave out key policies.

The decisions were detailed in a Thursday morning memo from Democrats on the Senate Budget Committee. Other provisions now at risk include several GOP proposals to exclude undocumented residents from Medicaid, including by withholding federal funds from states that make them eligible for benefits.

The rulings come at a precipitous time for Senate Majority Leader John Thune and other GOP leaders, who are already facing a revolt inside their conference from members wary of the practical and political impact of the Medicaid changes. They have proposed reverting to a less drastic House plan, which would merely freeze the existing provider taxes, though it’s unclear if that provision could also pass muster under Senate rules.

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