Senate Confirms Trump’s Newest Conservative Judge to the Ninth Circuit
On November 5, 2025, the United States Senate confirmed Eric C. Tung, President Donald J. Trump’s nominee for the U.S. Court of Appeals for the Ninth Circuit, in a sharply divided vote emblematic of the intense political battles over judicial appointments that have defined the Trump administration’s second term.
The vote — 52 in favor, 45 opposed — came mostly along party lines, with Republican lawmakers uniting behind the nominee and Democratic senators largely in opposition. Tung’s confirmation marks a high-profile victory for Trump’s ongoing effort to reshape the federal judiciary and underscores the broader ideological struggle over the direction of America’s appellate courts.
Who Is Eric C. Tung?
Eric Chunyee Tung, born in 1984 in Woodland Hills, Los Angeles, California, is an American attorney whose professional background combines elite legal credentials with a record of conservative legal advocacy.
Education and Early Career
Tung earned his Bachelor of Arts in philosophy from Yale University in 2006. He then attended the University of Chicago Law School, graduating in 2010 with high honors and membership in the Order of the Coif, a national honor society for top-performing law graduates. During law school he served as managing editor of the University of Chicago Law Review, a highly prestigious position indicative of both academic excellence and legal scholarship.
Following law school, Tung secured elite judicial clerkships — first with then-Judge Neil Gorsuch on the Tenth Circuit and later on the Supreme Court of the United States under Justices Gorsuch and the late Antonin Scalia, two of the most influential conservative jurists in modern American history.
Professional Experience
Before his appointment to the bench, Tung was a partner at the national law firm Jones Day in Los Angeles, where he specialized in appeals, commercial law, product liability, and other complex litigation matters. He also held several positions within the U.S. Department of Justice, including service as an Assistant U.S. Attorney in the Central District of California and work in the Office of Legal Policy, earning recognition such as the Attorney General’s Distinguished Service Award.
The Ninth Circuit Court of Appeals: Importance and Context
The U.S. Court of Appeals for the Ninth Circuit is one of the most significant and controversial federal appellate courts in the United States. It covers a vast geographic area — including California, Oregon, Washington, Arizona, Nevada, Alaska, Hawaii, Idaho, and Montana — and hears a wide range of cases with major legal and political implications. Historically considered one of the most liberal circuits, the court’s decisions often shape national policies on immigration, environmental regulation, civil rights, and technology law.
Because of this influence, appointments to the Ninth Circuit have long been fiercely contested by both major political parties. Republicans have sought to adjust the court’s ideological balance, nominating conservative jurists to counter what they view as entrenched liberal jurisprudence. Tung’s confirmation represents a continuation of this broader fight.
The Confirmation Battle
Senate Judiciary Committee
Tung’s path to confirmation began with hearings before the Senate Judiciary Committee, where he faced questioning from both Republicans and Democrats. In September 2025, the committee advanced his nomination in a 12–10 party-line vote, reflecting deep partisan divisions over his judicial philosophy and qualifications.
Democratic senators raised concerns during the hearings about Tung’s conservative ideology and past public comments. For example, Senator Alex Padilla of California questioned Tung about remarks characterized as dismissive of gender equity and labor protections, and suggested his views might influence his future rulings on sensitive social issues.
Republican committee members, by contrast, emphasized his strong academic and professional record, framing him as a principled textualist and originalist who would faithfully apply the Constitution. Supporters argued Tung’s career — including his clerkships with conservative jurists — positioned him well to bring balance and restraint to a court widely perceived as liberal.
Senate Floor Vote
On the Senate floor, the debate over Tung’s confirmation echoed broader political and ideological struggles in Washington. Republicans framed the nomination as an opportunity to correct what they see as decades of judicial activism in the Ninth Circuit, stressing the importance of judges who interpret the law rather than legislate from the bench.
Democrats, however, countered that Tung lacked the breadth of legal experience expected of an appellate jurist and expressed concern that his confirmation would further tilt the judiciary toward partisan outcomes in cases involving civil rights, reproductive freedom, and environmental protections.
Ultimately, the Senate voted 52–45 to confirm Tung. The narrow margin underscored the intensely polarized nature of judicial confirmations under Trump’s presidency, where even lifetime appointments to the judiciary have become battlegrounds for national ideology.
What the Confirmation Means for the Ninth Circuit
Tung’s confirmation carries several significant implications for the court and federal jurisprudence more broadly:
1. Shifting the Court’s Ideological Balance
While the Ninth Circuit historically has been dominated by Democratic appointees, recent years have seen a steady infusion of conservative judges through Republican administrations. Tung’s appointment adds another reliably conservative voice to the bench, potentially influencing key decisions on issues such as immigration policy, regulatory challenges, criminal justice, and administrative law.
2. Impact on Major Legal Issues
Given the Ninth Circuit’s jurisdiction, its rulings often shape national debates. For example:
Immigration law: The court frequently reviews challenges to federal immigration policies — a hot-button area under both Republican and Democratic administrations.
Environmental regulation: Cases involving air quality, land use, and endangered species protections regularly come before the Ninth Circuit.
Tech and privacy law: As home to major technology centers, the Ninth Circuit hears significant cases involving digital privacy, intellectual property, and antitrust issues.
Tung’s conservative approach may influence how the court approaches deference to federal agencies, statutory interpretation, and constitutional protections.
3. Judicial Legacy and Future Landscape
Tung’s confirmation also contributes to the larger landscape of Trump’s judicial legacy. Throughout his presidency and second term, Trump has prioritized appointing judges aligned with conservative legal principles, including federalists, textualists, and originalists. His appointments to the appellate courts — widely considered the pipeline to the Supreme Court — have reshaped the federal judiciary in ways that will extend far beyond his time in office.
Political and Public Reactions
Republican Perspectives
Republican leaders applauded Tung’s confirmation as a milestone in the effort to reinforce conservative legal thinking on the federal bench. Senate Judiciary Committee Chairman and other GOP senators highlighted his impeccable academic credentials and professional experience, arguing that he would bring rigor and fidelity to judicial interpretation.
Supporters outside the Senate echoed these points, framing his confirmation as part of a broader project to uphold “originalism” and rein in what they view as judicial activism. Many conservative legal organizations celebrated the decision, noting that appellate judges serve lifetime appointments and their influence can shape law for decades.
Democratic and Civil Rights Criticism
Democratic lawmakers and civil rights advocates sharply criticized the confirmation process and outcome. They argued that Tung’s ideological stances raised concerns about his commitment to protecting individual rights and liberties. Some expressed particular alarm about his views on gender issues and labor matters, citing past public comments and legal positions.
Civil liberties organizations warned that the continued shift of the federal judiciary toward conservatism could imperil legal protections in areas such as reproductive rights, voting access, and civil rights enforcement.
Broader Trends in Judicial Appointments
Tung’s confirmation is part of a larger trend in recent years: a sustained effort by Republican administrations to fill federal courts with conservative jurists. Under Trump’s first term, the Senate confirmed scores of judges to lifetime federal positions, including Supreme Court justices and dozens of appellate judges. Many of these appointments were achieved with narrow Senate majorities, reflecting the polarized environment around judicial confirmations.
In the current term, Trump’s judicial strategy has continued unabated, with nominations pressed forward and confirmed along party lines. His administration’s focus has not only been appellate courts like the Ninth Circuit but also district courts across the country, where lifetime judges decide the bulk of federal cases.
What’s Next?
With Tung installed on the Ninth Circuit, legal observers are now watching how future judicial vacancies will be filled and what impact those appointments may have on specific areas of law. The court’s docket remains full of high-stakes cases involving issues from immigration to environmental policy — and the addition of conservative judges like Tung could tilt outcomes in notable ways.
What remains clear is that judicial confirmations, particularly to powerful appellate courts like the Ninth Circuit, will continue to be central to America’s political and legal battles in the years ahead.
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