President Trump’s nomination of Emil Bove III to the Third Circuit Court of Appeals could shift federal jurisprudence on gun rights in Pennsylvania, New Jersey, and Delaware, potentially creating critical circuit splits that may force the Supreme Court to address Second Amendment issues.

At a Glance

• Emil Bove III, a top Justice Department official and former Trump criminal defense lawyer, has been nominated to the U.S. Court of Appeals for the Third Circuit
• If confirmed, Bove’s appointment could tip the Third Circuit’s even split between Republican and Democratic appointees toward a Republican majority
• The Third Circuit’s jurisdiction covers Pennsylvania, New Jersey, and Delaware, where gun rights cases could see more favorable rulings
• This potential shift could create important circuit splits on Second Amendment issues, increasing the likelihood of Supreme Court review
• The nomination requires Senate confirmation, where Bove is expected to face unanimous Democratic opposition

Bove’s Background and Nomination

President Trump announced the nomination of Emil Bove III for a position on the U.S. Court of Appeals for the Third Circuit, which has jurisdiction over Pennsylvania, New Jersey, and Delaware. Bove, a Georgetown Law School graduate, is currently serving as a top Justice Department official where he has been implementing the president’s immigration agenda. Prior to his current role, Bove worked as a criminal defense lawyer for Trump and has prosecuted high-profile national security cases in his legal career.

“Emil is SMART, TOUGH, and respected by everyone, He will end the Weaponization of Justice, restore the Rule of Law, and do anything else that is necessary to, MAKE AMERICA GREAT AGAIN. Emil Bove will never let you down!”, said President Trump.

If confirmed, Bove would leave his current federal law enforcement position after only a few months on the job to take up the lifetime appointment as a federal judge – a goal that associates say he has long pursued. The nomination requires Senate confirmation, where reports indicate he is likely to face unanimous opposition from Democratic senators.

Implications for the Third Circuit’s Composition

The Third Circuit Court currently maintains an even split between judges appointed by Republican and Democratic presidents. Trump’s nomination of Bove, along with another pending nomination, could establish a Republican-appointed majority on this influential court. This potential shift in the court’s ideological balance carries significant implications for constitutional interpretation across the circuit’s jurisdiction, particularly regarding Second Amendment cases.

JUST PUBLISHED: SMITH: How Trump’s Third Circuit Picks Can Save the Second Amendment. President Trump recently announced the nomination of attorney Emil Bove to fill one of two vacancies on the United States Court of Appeals for the Third Circuit. Let’s hope that Mr. Bove’s views…

— The National Pulse (@TheNatPulse) June 2, 2025

The strategic importance of the Third Circuit lies not only in its jurisdictional reach over states with varying gun laws, but also in its ability to create the types of circuit splits that often trigger Supreme Court review. Pennsylvania, with its strong gun ownership tradition, contrasts sharply with the more restrictive gun regulations in New Jersey and Delaware, creating a fertile testing ground for Second Amendment challenges.

Impact on Second Amendment Jurisprudence

The Third Circuit has already demonstrated some support for Second Amendment rights, notably in the Bryan Range v. Garland case, where it ruled a specific gun control measure unconstitutional. Adding judges who interpret the Second Amendment with an originalist perspective could lead to more rulings that protect and potentially expand gun rights in the circuit. This development is particularly significant for residents of New Jersey and Delaware, states known for their more restrictive approach to firearm ownership.

One of the most consequential aspects of Bove’s potential confirmation involves the creation of circuit splits on Second Amendment issues. The Supreme Court typically requires disagreement between different circuit courts before granting review of constitutional questions. In recent years, the relative uniformity of anti-gun rulings across multiple circuits has limited the Supreme Court’s intervention in Second Amendment cases, despite the landmark Bruen decision.

The Broader Judicial Strategy

Bove’s nomination appears to be part of a broader strategy to reshape federal courts with judges who may be more inclined to support originalist interpretations of the Constitution, including the Second Amendment. The Third Circuit represents a critical battleground in this effort, as its rulings could directly challenge gun regulations in states that have traditionally imposed significant restrictions on firearm ownership and use.

As the confirmation process moves forward, gun rights advocates are watching closely to determine whether Bove’s judicial philosophy will indeed strengthen Second Amendment protections. Meanwhile, gun control supporters express concern that a rightward shift in the Third Circuit could undermine state-level gun safety measures that have withstood previous legal challenges. The outcome of this nomination could significantly influence the constitutional landscape for gun rights for decades to come.