On Tuesday, December 16, 2025, Robert Luther III, associate professor of law at the Antonin Scalia Law School at George Mason University, published an opinion piece on The Hill addressing the ethics complaint filed against Judge Emil Bove of the U.S. Court of Appeals for the Third Circuit. The complaint arose after Bove was observed attending an event in northeastern Pennsylvania on December 9, 2025, where President Donald Trump was scheduled to speak about the economy.

According to the opinion piece, a reporter questioned Bove about his presence at the event, to which Bove responded that he was there as a private citizen to listen to the President’s speech. A photograph of Bove seated in the audience was subsequently posted on social media, sparking a wave of news coverage and prompting the judicial misconduct complaint from the group Fix the Court.

Fix the Court’s complaint alleges that Judge Bove violated Canon 2 and Canon 5 of the Codes of Conduct governing judicial behavior. Canon 2 states that a judge should avoid impropriety and the appearance of impropriety in all activities, while Canon 5 states that a judge should refrain from political activity.

Luther’s opinion piece argues that the ethics complaint against Bove should be dismissed, citing recent precedents involving similar allegations against other judges. He references a 2023 misconduct complaint filed against D.C. District Judge Beryl Howell by Rep. Elise Stefanik (R-N.Y.). The complaint alleged that Howell, an Obama appointee, violated Canon 2 by delivering a speech deemed inappropriate and displaying close relationships with partisan figures. This complaint was ultimately dismissed.

Luther also points to the case of three Democratic-appointed federal judges, including Judge James Wynn of the U.S. Court of Appeals for the Fourth Circuit, who withdrew their retirement letters following President Trump’s reelection. Misconduct complaints were filed against these judges, alleging violations of Canon 2, but were also dismissed.

Luther argues that attending an event as a spectator does not equate to active participation in a political rally and that the restrictions in Canon 5 apply to candidates, not sitting presidents. He quotes Professor Stephen Gillers, who stated that Bove “shouldn’t have attended the event,” but notes that even Bove’s critics, such as professors Bruce Green and Ed Whelan, do not believe he clearly committed misconduct.

Luther concludes by stating that the canons are designed to prevent judges from lending the prestige of their office to a coordinate branch of government, which he argues Bove did not do by simply attending the event as a member of the audience. He contrasts Bove’s actions with what would have occurred had Bove introduced Trump on stage.

Luther further asserts that the examples of Howell, Wynn, and Bove underscore inconsistencies in the application of the canons. He contends that Howell and Wynn engaged in improper political activity, but were not reprimanded, and that there is no basis for finding that Bove violated the canons.

 

 

Source: The Hill