In a stunning break from party ranks, Republican Senators Lisa Murkowski of Alaska and Susan Collins of Maine voted NO on advancing President Donald Trump’s judicial nominee Emil Bove to the United States Court of Appeals for the Third Circuit, dealing a significant blow to the administration’s ongoing efforts to reshape the federal judiciary with conservative voices.
The vote, held on the Senate floor late Tuesday afternoon, failed to reach the simple majority threshold required for Bove’s nomination to proceed, leaving the future of the high-profile nominee in serious jeopardy.
The move marked a rare moment of defiance from within Trump’s own party, particularly as judicial nominations have historically been a cornerstone of GOP unity.
Bove, a former federal prosecutor and co-chief of the National Security Unit for the Southern District of New York, was widely considered a strong conservative legal mind and had been praised by Republican leaders for his experience in prosecuting terrorism, cybercrime, and national security cases. His nomination was initially expected to sail through committee and floor votes with solid Republican support.
But Tuesday’s outcome proved anything but routine. With the Senate evenly divided and Vice President JD Vance unavailable to cast a tie-breaking vote, the decision of Murkowski and Collins to oppose the advancement of Bove’s nomination effectively torpedoed the process — at least for now.
While neither senator is a stranger to breaking ranks with her party, their vote against a Trump judicial nominee represents a bold and politically charged stance, particularly given the current climate of partisan polarization and Trump’s reassertion of authority in his second term.
In a statement released shortly after the vote, Senator Murkowski cited “deep concerns about the nominee’s interpretation of executive power and due process” as key reasons for her decision.
“Judicial independence must be more than a campaign slogan,” she wrote. “We must ensure that those confirmed to the federal bench possess not only legal competence but a demonstrated commitment to constitutional balance and restraint.”
Senator Collins, often regarded as a pivotal swing vote on judicial matters, offered a similarly cautious rationale. “While Mr. Bove has an impressive legal résumé, I have reservations about his views on qualified immunity and judicial precedent,” Collins said in a press release.
“The lifetime appointment of a federal judge requires not only intellect and legal experience, but also judicial temperament and adherence to the principle of stare decisis. At this time, I am not comfortable advancing this nomination.”
Their statements have already drawn fire from conservative commentators and Trump loyalists, who view any dissent on judicial nominees as a betrayal of one of the core priorities of the MAGA agenda: reshaping the courts in a more constitutionalist, originalist image.
The reaction from the Trump administration was swift and unsparing. In a statement issued by Press Secretary Christina Bobb, the White House accused Murkowski and Collins of undermining “a good and patriotic nominee whose entire career has been in service to the Constitution and the American people.”
“Emil Bove is one of the most qualified nominees this administration has put forward,” the statement read. “He has demonstrated impeccable integrity, a brilliant legal mind, and a tireless commitment to justice. That two senators chose to side with the radical left instead of supporting a clear constitutionalist is deeply disappointing.”
President Trump, who had personally praised Bove during a rally in Pennsylvania earlier this month, took to Truth Social to vent his frustration. “Susan Collins and Lisa Murkowski have once again proven they are not with the American People,” he posted. “They just helped the Democrats block a GREAT man — Emil Bove — from getting on the 3rd Circuit. A total disgrace!”
Trump’s public criticism is likely to reignite tensions between the president and the more moderate wing of the Republican Party — particularly Collins, who is up for re-election in 2026 and has already faced backlash from both the left and right in previous election cycles.
Emil Bove gained national recognition during his tenure in the U.S. Attorney’s Office for the Southern District of New York, where he prosecuted several high-profile terrorism and espionage cases. A graduate of Columbia Law School and a former clerk on the Second Circuit, Bove also worked in private practice before joining the Department of Justice.
In nominating Bove, the Trump administration aimed to place another staunch conservative voice on the Third Circuit, which hears appeals from federal courts in Pennsylvania, New Jersey, Delaware, and the Virgin Islands. The vacancy was seen as pivotal in shifting the ideological balance of the court more solidly in favor of constitutional originalism.
But Bove’s views on executive power, surveillance, and national security have drawn scrutiny from civil liberties groups and centrist lawmakers alike. Critics say his judicial philosophy may give excessive deference to government power at the expense of individual rights — a concern echoed in Murkowski and Collins’ statements.
Within the GOP, reactions to the failed vote and the senators’ dissent have been predictably mixed. Senate Judiciary Committee Chairman Tom Cotton expressed outrage at the result.
“This was a vote to uphold law and order, and to reject it is irresponsible,” Cotton said on the Senate floor. “We should not allow personal politics or liberal fear-mongering to derail someone of Mr. Bove’s caliber.”
Senator Josh Hawley of Missouri, one of the Senate’s most vocal Trump allies, went further. “This is not just about a single nominee,” Hawley said. “This is about whether we’re going to keep our promise to the American people to confirm judges who respect the Constitution and the rule of law. We failed today, and voters will remember.”
However, other Republicans offered more measured responses. Senator Mitt Romney said that while he personally supported Bove’s advancement, he respected the concerns raised by his colleagues.
“These votes are not easy,” Romney said. “Each of us must weigh the nominee’s record, philosophy, and potential impact on the judiciary. That’s the responsibility we were elected to fulfill.”
Interestingly, Democratic senators have remained largely quiet in the aftermath of the failed vote. While most voted against Bove as expected, they have avoided taking a victory lap, perhaps wary of drawing attention to what was effectively a GOP-led block of one of their own president’s picks.
Senate Majority Leader Chuck Schumer offered no public comment, and Minority Whip Dick Durbin simply said, “The process worked.”
Behind the scenes, however, Democratic strategists are reportedly thrilled by the outcome, which they see as a rare instance of the GOP fracturing on a judicial nominee — a domain where party loyalty has often been absolute.
For now, the Bove nomination appears stalled. The White House could choose to renominate him and attempt to pressure Collins and Murkowski into flipping their votes — or wait for a more favorable Senate environment. Alternatively, Trump may withdraw the nomination altogether and replace Bove with a more broadly palatable candidate.
In the meantime, the vote serves as a reminder that judicial nominations, even under a Republican-controlled Senate, are not guaranteed — especially when ideological purity meets political independence.
It also exposes the enduring challenge for the Trump administration: uniting a Republican Party that is increasingly divided between populist hardliners and institutional moderates.
Whether the vote will have lasting political consequences for Murkowski or Collins remains to be seen. Both senators have survived primary threats and presidential criticism in the past, and both have emphasized their independence as a defining feature of their political brand.
Still, in an era where loyalty to Trump remains a litmus test in many conservative circles, Tuesday’s vote could open the door to new primary challenges and further distance them from the GOP base.
For now, however, the two senators appear unfazed. “We took an oath to the Constitution — not to a person or a party,” Murkowski said in a hallway interview following the vote. “I voted my conscience, as I always have. That’s what the people of Alaska sent me here to do.”
And with that, the battle over the federal bench continues — one vote, one nominee, and one political fault line at a time.
